1 E.H. Smith 124 - Kountze v. . Kennedy’s Empirical Analysis
1895
Citation profile
17 federal appellate · 104 state decisions
How this case has been cited
Cited by 129 later decisions — most recently May 2016 · most notably Ultramares Corp. v. Touche (1931), Martens Chevrolet, Inc. v. Seney (1982)
17 federal appellate · 104 state decisions — followed in 19 states
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.
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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ “First, in order to sustain an action'of deceit, there must he proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is' shown that a false representation has been made (.1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or f&As'e: ' Although I have treated the second and third as.distinct cases, X think the third is but an instance of the second; for one who makes a statement under such circumstances can have no real belief in the truth of what he-states. To prevent á 'false < statement being- fraudulent, there must, I think, Always be an honest belief in its truth. And this probably covers the whole, ground; for one who knowingly alleges that which is false has obviously no such honest belief. Thirdly, if fraud be proved, the motive of the person guilty of it is immaterial. It matters not that there was no intention to cheat or injure the person to whom the statement was made.””
1 later decision quote this exact passage“The representation upon which [a fraud claim] is based must be shown not only to have been false and material, but that the' defendant when he made it knew that it was false, or not knowing whether it was true or false and not caring what the fact might be, made it recklessly, paying no heed to the injury which might ensue.”
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.