Herman v. Mortensen’s Empirical Analysis
1945
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently August 1974
17 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 Williams v. Kidd · Card v. Boms · Bury v. Young · 52 Cal. App. 2d 217 - Zeigler v. Bonnell · 16 Cal. 2d 807 - Kalt v. Youngworth
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ The second question presented is whether there is evidence of any substantiality to support the implied finding that the grantee accepted or assented to the deed. “The court instructed the jury that ‘The law presumes that the grantee has accepted the grant or gift even though he has no knowledge of it or there is no express consent to such gift, where such gift would be beneficial to such grantee. ’ The jury was also told that before finding in favor of the plaintiff it must believe ‘that the transfer was beneficial to Mrs. Glenn. ’ The verdict in plaintiff’s favor carries with it an implied finding that it was beneficial. “The deed itself is evidence that the transfer was beneficial to the grantee. It is a deed of gift; it is free, on its face, of all burdens and obligations and there is no extrinsic evidence of any burden or obligation..... “ . . . [I]n the case of an adult donee, if the donation is for his advantage he will be presumed to have accepted it unless the contrary appears.””
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.