sense rule (Delaware) · Go Syfert
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sense rule in Delaware

11 Delaware opinions name it 3 courts 1924–2024 3 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Warren v. Stategreen
del · 2001 · cited in 2 Delaware opinions naming this issue, 2010–2020
2 sentences

2020She also told the dispatcher how to find 5 Abner v. State, 757 A.2d 1277 , 2000 WL 990973 , at *1 (Del. 2000) (TABLE). 6 Dixon v. State, 996 A.2d 1271 , 1276 n.5 (Del. 2010) (citing Warren v. State, 774 A.2d 246, 253 (Del. 2001) to explain that “[c]ourts generally find statements admissible as a present sense exception to the hearsay rule, under D.R.E. 803(1), if the statements are made either immediately or within about ten or twenty minutes of the event.”). 7 See 2 McCormick on Evid. § 271 (8th ed.) (explaining that the “growing use of electronic communication devices, such as cell phones an

2010Warren v. State, 774 A.2d 246, 253 (Del.2001). 6 .

22
Stephenson v. Capano Development, Inc.green
del · 1983 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022Stephenson v. Capano Dev., Inc., 462 A.2d 1069, 1074 (Del. 1983).

11
Hilsman v. Sarwil Associates, L.P.green
nyappdiv · 2004 · cited in 1 Delaware opinions naming this issue, 2018–2018
2 sentences

2018See, e.g., 3 Premises Liability 3d § 49:16.10 (2017 ed.) ("The [storm in progress or continuing storm] defense evolved in recognition of the realities of problems caused by winter weather, that is, as a common sense rule arising' from the fact that snow and ice conditions are unpredictable, natural hazards against which no one can insure and which in their nature cannot immediately be alleviated.”) (quoting Hilsman v. Sarwil Associates, L.P., 13 A.D.3d 692 , 786 N.Y.S.2d 225, 226 (2004)); 74 A.L.R.5th 49 (Originally published in 1999) (discussing liability for parking lot slip-and-fall) ("It i

2018See, e.g., 3 Premises Liability 3d § 49:16.10 (2017 ed.) ("The [storm in progress or continuing storm] defense evolved in recognition of the realities of problems caused by winter weather, that is, as a common sense rule arising' from the fact that snow and ice conditions are unpredictable, natural hazards against which no one can insure and which in their nature cannot immediately be alleviated.”) (quoting Hilsman v. Sarwil Associates, L.P., 13 A.D.3d 692 , 786 N.Y.S.2d 225, 226 (2004)); 74 A.L.R.5th 49 (Originally published in 1999) (discussing liability for parking lot slip-and-fall) ("It i

11
Northwestern National Insurance v. Esmark, Inc.green
del · 1996 · cited in 1 Delaware opinions naming this issue, 2000–2000
1 sentence

2000Because the terms of the note are clear and unambiguous, the intent of the parties is "ascertained by giving the language its ordinary and usual meaning.” Northwestern National Insurance Company v. Esmark, Inc., Del.Supr., 672 A.2d 41, 43 (1996).

11
Derry Finance N v. v. Christiana Companies, Inc.green
ded · 1985 · cited in 1 Delaware opinions naming this issue, 2000–2000
1 sentence

2000In Derry Finance N.V. v. Christiana Cos., D.Del., 616 F.Supp. 544, n. 2 (1985), aff'd. 797 F.2d 1210 (3d Cir.1986), District Judge Latchum, though speaking on a case involving New York law, stated, "It is a common sense rule that promissory notes are a variety of contract and are to be so construed and enforced.” See also 11 Am.Jur. § 126.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Drug, Inc. v. Hunt green
del · 1933
2 sentences

2024Conversion by merger satisfies the tort of conversion.70 Plaintiff has adequately alleged that the merger was invalid under Section 251, and so has pled a conversion claim. 66 Arnold, 678 A.2d at 536 (citing Drug, Inc. v. Hunt, 168 A. 87 , 93–94 (Del. 1933)). 67 Drug, Inc., 168 A. at 93 . 68 Id. (quoting Layman v. F.F.

2024Conversion by merger satisfies the tort of conversion.70 Plaintiff has adequately alleged that the merger was invalid under Section 251, and so has pled a conversion claim. 66 Arnold, 678 A.2d at 536 (citing Drug, Inc. v. Hunt, 168 A. 87 , 93–94 (Del. 1933)). 67 Drug, Inc., 168 A. at 93 . 68 Id. (quoting Layman v. F.F.

22024–2024
Arnold v. Society for Sayings Bancorp, Inc. green
del · 1996
2 sentences

2024Conversion by merger satisfies the tort of conversion.70 Plaintiff has adequately alleged that the merger was invalid under Section 251, and so has pled a conversion claim. 66 Arnold, 678 A.2d at 536 (citing Drug, Inc. v. Hunt, 168 A. 87 , 93–94 (Del. 1933)). 67 Drug, Inc., 168 A. at 93 . 68 Id. (quoting Layman v. F.F.

2024Conversion by merger satisfies the tort of conversion.70 Plaintiff has adequately alleged that the merger was invalid under Section 251, and so it has pled a conversion claim. 66 Arnold, 678 A.2d at 536 (citing Drug, Inc. v. Hunt, 168 A. 87 , 93–94 (Del. 1933)). 67 Drug, Inc., 168 A. at 93 . 68 Id. (quoting Layman v. F.F.

22024–2024
Dixon v. State green
del · 2010
1 sentence

2020She also told the dispatcher how to find 5 Abner v. State, 757 A.2d 1277 , 2000 WL 990973 , at *1 (Del. 2000) (TABLE). 6 Dixon v. State, 996 A.2d 1271 , 1276 n.5 (Del. 2010) (citing Warren v. State, 774 A.2d 246, 253 (Del. 2001) to explain that “[c]ourts generally find statements admissible as a present sense exception to the hearsay rule, under D.R.E. 803(1), if the statements are made either immediately or within about ten or twenty minutes of the event.”). 7 See 2 McCormick on Evid. § 271 (8th ed.) (explaining that the “growing use of electronic communication devices, such as cell phones an

12020–2020
Anderson v. Creighton green
scotus · 1987
1 sentence

2016Accordingly, because it appears to the Court that the Parties are very nearly at opposite ends of the spectrum with regard to the framing of the legal right(s) at issue and neither has thought to address the justification for either position, the Court believes that supplemental __ z_"_'b` 24 Anderson, 483 U.S. at 639-40 .

12016–2016
Derry Finance N.V. v. The Christiana Companies, Inc. neutral
ca3 · 1986
1 sentence

2000In Derry Finance N.V. v. Christiana Cos., D.Del., 616 F.Supp. 544, n. 2 (1985), aff'd. 797 F.2d 1210 (3d Cir.1986), District Judge Latchum, though speaking on a case involving New York law, stated, "It is a common sense rule that promissory notes are a variety of contract and are to be so construed and enforced.” See also 11 Am.Jur. § 126.

12000–2000
In Re the Complaint of Sincere Navigation Corp. green
laed · 1971
1 sentence

1972(Moragne v. States Marine Lines, Inc., supra, 90 S.Ct. at 1781 ) In In re Sincere Navigation Corporation, 329 F.Supp. 652 (E.D.La., 1971), the United States District Court for the Eastern District of Louisiana determined that the emotional distress suffered by beneficiaries is compensable under general maritime law.

11972–1972
Moragne v. States Marine Lines, Inc. green
scotus · 1970
1 sentence

1972(Moragne v. States Marine Lines, Inc., supra, 90 S.Ct. at 1781 ) In In re Sincere Navigation Corporation, 329 F.Supp. 652 (E.D.La., 1971), the United States District Court for the Eastern District of Louisiana determined that the emotional distress suffered by beneficiaries is compensable under general maritime law.

11972–1972
Connally v. General Construction Co. green
scotus · 1926
2 sentences

1965One, that no man should oe held criminally responsible for conduct which he could not reasonable understand to be proscribed, Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S. Ct. 126, 127 , 70 L.

1965One, that no man should oe held criminally responsible for conduct which he could not reasonable understand to be proscribed, Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S. Ct. 126, 127 , 70 L.

11965–1965
Hoyt v. . Thompson's green
ny · 1859
1 sentence

1924“They do not,” says he, “exercise a delegated authority in the sense in which the rule applies to agents.” Likewise in Hoyt v. Thompson’s Ex’rs, 19 N. Y. 207 , their powers are spoken of as “original and undelegated. ” In Goodspeed v. East Haddam Bank, 22 Conn. 530 , 58 Am.

11924–1924
Goodspeed v. East Haddam Bank green
conn · 1852
1 sentence

1924“They do not,” says he, “exercise a delegated authority in the sense in which the rule applies to agents.” Likewise in Hoyt v. Thompson’s Ex’rs, 19 N. Y. 207 , their powers are spoken of as “original and undelegated. ” In Goodspeed v. East Haddam Bank, 22 Conn. 530 , 58 Am.

11924–1924

Where else courts name it

OH 74 (1969–2026) WI 53 (1982–2026) NY 49 (1863–2023) IL 46 (1842–2026) CA 45 (1867–2024) TX 40 (1866–2025) PA 39 (1921–2026) FL 25 (1907–2019) LA 24 (1912–2023) CO 22 (1970–2025) NJ 22 (1951–2019) OR 20 (1946–2016) IA 19 (1889–2020) MS 19 (1873–2006) CT 18 (1913–2022) TN 17 (1882–2009) MI 17 (1890–2022) WA 17 (1894–2023) MO 15 (1896–1997) AR 15 (1912–2025) AL 14 (1859–2025) NM 13 (1893–2024) MD 13 (1964–2016) GA 12 (1915–2002) MA 11 (1977–2016) DE 11 (1924–2024) VA 11 (1902–2019) SC 10 (1882–2019) DC 10 (1970–2012) OK 10 (1917–2009) WV 9 (1893–2026) MT 9 (1935–2009) NC 9 (1901–1998) KS 9 (1914–2015) IN 8 (1894–2014) KY 8 (1936–2023) MN 7 (1971–2017) ME 7 (1935–2014) NE 5 (1912–1985) HI 5 (1970–2012) WY 4 (1988–2018) AZ 4 (1966–2014) NV 4 (2010–2020) ND 4 (1925–2011) VT 3 (1916–2022) UT 3 (1883–2007) RI 2 (1901–2011) SD 2 (1897–1951) AK 2 (1992–1992) PR 2 (1951–1972) NH 2 (1993–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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