Morris v. . Talcott’s Empirical Analysis

Citation profile

3 federal appellate · 4 district · 66 state decisions

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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled in this State that an intent to defraud cannot be imputed to a party who contracts a debt knowing that he is insolvent, merely from the fact of his insolvency, and his omission upon a purchase of property upon credit to disclose such condition to his vendor. Nicholas v. Pinner, 18 N.Y. 295 ; [Nicholas v. Michael] 23 [N.Y.] 264; Wright v. Brown, 6.7 [N.Y.] [1], 9; People’s Bank [of City of New York] v. Bogart, 81 [N.Y.] [101], 108. A condition of known insolvency on the part of an intending purchaser of property, accompanied with an intention to acquire the property of his vendor without paying for it, constitutes such a fraud as will make the vendee liable to arrest in an action for the debt; but the intention not to pay can no more be inferred from the mere fact of insolvency, than the fact of insolvency can be inferred from the existence of an intention not to pay.””

   1 later decision quote this exact passage
   e.g. Archawski v. Hanioti