Merryweather v. Pendleton’s Empirical Analysis
1962
Citation profile
22 state decisions
How this case has been cited
Cited by 24 later decisions — most recently August 2016
22 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 Galena Oaks Corporation v. Frank Scofield, Collector of Internal Revenue · Russell v. Southard · Lehmann v. Acheson · Employer's Liability Assurance Corporation v. Lunt · Bohmfalk v. Vaughan
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Q In deciding the route that you would go in helping Hubert or in keeping others from getting interested in the Baca Float Corporation you decided that you did not want any agreement which would require you to foreclose Merryweather’s stock? “A I will say that was partly the reason. “Q And what was the rest of the reason, sir? “A Well, it just seemed simpler to me than going through all this complicated foreclosing and trouble that had been going on here for four or five years. “Q Now, I take it that by going this route of sale you knew that at the end of this year’s time you would not have to put the stock up for sale and have a public or private auction of it. Is that what you were trying to avoid ? “A Yes, that was one thing.””
1 later decision quote this exact passage · from the concurrence““(1) the prior negotiations of the parties, to discern if such negotiations contemplated a mere security for a debt; (2) the distress of the maker; (3) the fact that the amount advanced was about the amount that the ‘grantor’ needed to pay an existing indebtedness; (4) the amount of the consideration paid in comparison to the actual value of the property in question; (5) a contemporaneous agreement to repurchase; and (6) the acts of the parties in relation to each other, i. e., whether their acts are ordinarily indicative of a vendor-purchaser relationship or that of a mortgagor and mortgagee.” ( 90 Ariz. at 239 , 367 P.2d at 264 ). (Footnotes omitted).”
1 later decision quote this exact passage · from the concurrence“Our Supreme Court has said that: “Whether a transaction ostensibly a conditional sale is in fact an equitable mortgage or pledge depends ultimately upon the intent of the parties. Where, as in this case, the parties’ testimony as to their intentions is wholly contradictory, such intentions must be determined from and in light of all the circumstances surrounding the transaction.” (Merryweather v. Pendleton, supra, 90 Ariz. at 226 , 367 P.2d at 255 ).”
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.