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← 654 SW2D 317 - Peters v. Carr

Peters v. Carr’s Empirical Analysis

1983

Citation profile

8
cited by 8 later decisions
1
states following
February 1996
most recently cited

8 state decisions

Relationships

Relies on Murphy v. Carron · In Re Estate of LaGarce · Pollock v. Brown · Feltz v. Pavlik · Carroll v. Hahn

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “1. When a deposit is made by any person in the name of the depositor and any one or more other persons, whether minor or adult, as joint tenants or in form to be paid to any one or more of them, or the survivor or survivors of them and whether or not the names are stated in the conjunctive or the disjunctive or otherwise, the deposit thereupon and any additions thereto made by any of these persons, upon the making thereof, shall become the property of these persons as joint tenants, and the same, together with all interest thereon ... may be paid to any one of such persons during his lifetime.... The payment and the receipt or acquittance of the one to whom the payment is made as provided in this section shall be a valid and sufficient release and discharge to the bank ... for all payments made on account of such deposit prior to the receipt by the bank ... of notice in writing signed by any one of the joint tenants not to pay the deposit in accordance with the terms thereof.”
    1 later decision quote this exact passage
  2. “1. When a deposit is made by any person in the name of the depositor and any one or more other persons, whether minor or adult, as joint tenants or in form to be paid to any one or more of them, or the survivor or survivors of them and whether or not the names are stated in the conjunctive or disjunctive or otherwise, the deposit thereupon and any additions thereto made by any of these persons, upon the making thereof, shall become the property of these persons as joint tenants, and the same ... shall be held for the exclusive use of the persons so named, and may be paid to any one of such persons during his lifetime, or to any one of the survivors of them after the death of any one or more of them. The making of a deposit in such form,... in the absence of fraud or undue influence, shall be conclusive evidence... of the intention of all the parties to the account to vest title to the account... in the survivor.”
    1 later decision quote this exact passage
  3. ““During the lives of the parties the depositor who furnished the money may revoke the joint tenancy. While any joint tenant may withdraw any or all of the funds ‘the realities of ownership, the real intention of the parties and the purpose and nature of the account may be shown to determine the interest each has in the account, thus subjecting the one who has deposited none of the funds to accountability and liability.’ ””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.