11 E.H. Smith 657 - Orvis v. . Curtiss’s Empirical Analysis
1899
Citation profile
8 federal appellate · 47 state decisions
How this case has been cited
Cited by 79 later decisions — most recently June 2020 · most notably Rehnberg v. Minnesota Homes, Inc. (1952), Clemens v. Crane (1908)
8 federal appellate · 47 state decisions — followed in 10 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.
Relationships
Relies on Richardson v. . Hughitt · Leggett v. . Hyde · Hackett v. . Stanley · Meaker v. . Fiero · Clift v. . Barrow
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An agreement between two parties to enter into a joint venture in the purchase or sale of stocks or other property is a very common transaction. The fact that one of them may have advanced the capital, and the other has agreed that, in consideration of such advance, he should participate more largely in the profits, does not convert such an agreement into a loan of money, or conflict with the statute against usury. The contract is still one of partnership.””
1 later decision quote this exact passage“It is a fundamental doctrine governing the law of usury that the defense must be founded upon a loan or forbearance of money. If neither of these elements exists there can be no usury, however unconscionable the contract may be.”
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.