104 Ind. App. 480 - Daly v. Showers’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “■■“Fraud in its generic sense, especially as the word is used in courts of equity, comprises all acts, omissions, and concealments involving a breach of legal or equitable duty and resulting in damage to another. Fraud has also been defined as any cunning or artifice used to cheat or deceive another. How ever, the wisdom of an exact legal definition of fraud has been questioned, and it has been stated that fraud is better left undefined, and some courts have said that the common law not only fails to define fraud but perhaps asserts as a principle that there shall be no definition. Further it is frequently stated that owing to the multiform character of fraud and the great variety of attendant circumstances no definition which is all inclusive can be framed, but each case must be determined on its particular facts. 26 C. J. sec. 1, p. 1059 and authorities there cited. Bigelow says, ‘Fraud consists in endeavor to alter rights, by deception touching motives, or by circumvention not touching motives.’ 1 Bigelow, on Fraud, p. 5.””

   1 later decision quote this exact passage
   e.g. 136 Ind. App. 478 - MOORE, TRUSTEE, ETC. v. Fletcher, Etc. Admrs.