Morningstar v. Cunningham’s Empirical Analysis
1887
Citation profile
57 state decisions
How this case has been cited
Cited by 57 later decisions — most recently January 1987 · most notably 174 Ind. App. 674 - Prudential Insurance Co. of America v. Executive Estates, Inc. (1977), Home Insurance v. Gilman (1887)
57 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 Walls v. . Bailey · 15 Ohio St. 156 - Cresinger v. Lessee of Welch · Lonergan v. Stewart · City of Indianapolis v. Scott · Lyon v. Lenon
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is to be observed that the contract, out of which the controversy arose, was oral, and the evidence was such as to leave the terms and meaning of the agreement ambiguous. In such cases, evidence of the known and usual course of a particular trade or business is competent, with a view of raising a presumption that the transaction in question was according to the ordinary and usual course of the business to which it related.” (Citing cases.)”
1 later decision quote this exact passage““ Parties who are engaged in a particular trade or business, or persons accustomed to deal with those engaged in a particular business, may be presumed to have knowledge of the uniform course of such business. Its usages may, therefore, in the absence of an agreement to the contrary, reasonably be supposed to have entered into and formed part of their contracts and understandings in relation to such business as ordinary incidents thereto.””
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.