Jacoby v. Jacoby’s Empirical Analysis
1943
Citation profile
3 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 1999
3 federal appellate · 2 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Smith v. National Benefit Society · 55 Cal. App. 344 - Shoudy v. Shoudy · 9 Cal. App. 2d 528 - Mutual Life Insurance of New York v. Franck · Jory v. Supreme Council American Legion of Honor · Locomotive Engineers Mutual Life & Accident Insurance v. Locke
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] beneficiary named in a policy which contains a provision reserving a right in the insured to change the beneficiary is without a so-called vested right in the policy, he may nevertheless become invested with equitable rights therein through a separate contract with the insured, and that such rights may prevail over the legal and equitable rights of one who has been subsequently substituted as the named beneficiary.... That such an equitable right in the policy may arise from a settlement of property rights in connection with a divorce proceeding is not questioned.”
2 later decisions quote this exact passage“The real difference of opinion has to do with the application of these accepted principles to the facts. ... We have been unable to find a case in which a court, in dealing with a contract which without describing a particular policy provided for protection to the promisee in a stated amount, has held that such a contract of its own separate force operated to create an interest in any of the policies of insurance of the promisor.... In our opinion, in the circumstances of the instant case, as well as in a case where the promisor in such a contract has policies in force at the time of its execution, and later has other policies written but fails and refuses to perform his contract by naming the promisee as the beneficiary in any policy, the promisee gains nothing but a cause of action for breach of contract and stands on no different footing in relation to the contracts of insurance of the promisor than any other of his creditors.”
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.