Clark v. Callahan’s Empirical Analysis
1907
Citation profile
1 federal appellate · 2 district · 30 state decisions
How this case has been cited
Cited by 35 later decisions — most recently July 1995 · most notably Coyne v. Supreme Conclave of the Improved Order of Heptasophs (1907), Allen v. Hendrick (1922)
1 federal appellate · 2 district · 30 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 Milholland v. Whalen · American Casualty Insurance Company's Case · Matter of Will of O'Hara · Hirsh v. . Auer · Dowd v. Tucker
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This is not a case where absolute dominion over the subject of the trust is parted with by the donor. Where an absolute and unconditional gift of money or property is made, and subsequently the donor attempts to impress a trust upon the subject of the gift, it might be conceded the attempt would be futile. Here, after the transfer of these certificates to Mrs. Callahan’s name, Col. Raphun retained the possession of them up to the moment of his death, and he had the same power and right, at any time, without the consent of his daughter, to return them to the [fraternal societies] and obtain other certificates, naming other beneficiaries .... If it were conceded then, that Mrs. Callahan was substituted as beneficiary without the creation of any trust in the proceeds thereof at or before that time, and the trust was subsequently declared by him, and accepted or assented to by Mrs. Callahan ... can it be doubted that Col. Raphun could and would have revoked the substitution of Mrs. Callahan if she had, either at the time of the attempt to create the trust, declined to execute it, or having assented thereto, subsequently informed him she would not execute it? Can she now, after securing to herself the fruits of these certificates by repeated assurances that she would carry out her father’s directions to share the proceeds with the plaintiff be permitted, to repudiate her promises after his death, and thus defraud both the dead and the living? We think not .... Such conduct as Mrs.”
1 later decision quote this exact passage · from the majoritye.g. Potts v. Emerick
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.