Hyde v. Hyde’s Empirical Analysis
1959
Citation profile
4 federal appellate · 2 district · 44 state decisions
How this case has been cited
Cited by 54 later decisions — most recently March 2019 · most notably In Re Estate of Hobelsberger (1970), Ducheneaux v. Miller (1992)
4 federal appellate · 2 district · 44 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 37 Cal. 2d 856 - Alexander v. Angel · Kindley v. Williams · Davies v. Toms · Larson v. Western Underwriters, Inc. · City Nat. Bank of Huron v. Fuller
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order to effect a novation there must be a clear and definite intention on the part of all concerned that such is the purpose of the agreement, for it is a well-settled principle that novation is never to be presumed. The intention of the obligor that the existing debt should be discharged by the new obligation must be concurred in by both debtor and creditor. The point in every case, then, is, did the parties intend by their arrangement to extinguish the old debt or obligation and rely entirely on the new, or did they intend to keep the old alive and merely accept the new as further security, and this question of intention must be decided from all the circumstances. The existence of such an intention may, of course, be found, even though there is nothing positive in the agreement. In other words, the intention to substitute one contract for another so as to constitute a novation need not be expressed, but may be inferred from the circumstances. ...””
2 later decisions quote this exact passage“is not restricted to any particular association of persons. It exists whenever there is trust and confidence, regardless of its origin.... [T]he existence of such a relationship ... is a question of fact to be determined from the evidence.”
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.