Cooper v. Schlesinger’s Empirical Analysis
111 U.S. 148 · 1884
Citation profile
91 federal appellate · 29 district · 42 state decisions
How this case has been cited
Cited by 192 later decisions (5 by the Supreme Court) — most recently March 2016 · most notably Pierce v. United States (1920), Shappirio v. Goldberg (1904)
91 federal appellate · 29 district · 42 state decisions — followed in 16 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 Lincoln v. Claflin · William Smith v. Guy Richards · Booth v. . Spuyten Duyvil Rolling Mill Co. · Litchfield v. Hutchinson
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 192 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A false representation does not amount to a fraud in law, unless it be made with a fraudulent intent. There is, however, a fraudulent intent if a man, either with a view of benefiting himself, or misleading another into a course of action, makes a representation which he knows to be false or which he does not believe to he true. * ⅜ ⅝ It is not every misrepresentation in the making of a contract that constitutes a fraud upon which a party may rely to set aside the binding obligation of the contract. The misrepresentation must be in relation to a fact or a state of facts which is material to the transaction. There must he the assertion of a fact on which the person entering into the transaction relied, and in the absence of which it is reasonable to infer that ho would not have entered into it, or at least not on the same terms. Both facts must concur. There must be a false and a material representation, and the party seeking relief should have acted upon the faith and credit of such representation.””
2 later decisions quote this exact passage · from the majority““It is not necessary to constitute a fraud that a man who makes a false statement should know precisely that it is false. It is enough if it bo false, and if it be made recklessly, and without an honest belief in its truth, or without reasonable ground for believing it to be true, and be made deliberately, and in such a way as to give the person to whom it is made reasonable ground for supposing that it was meant to be acted upon, and lias been acted upon by him accordingly.””
1 later decision quote this exact passage · from the majority““The jury were properly instructed that * * * a statement recklessly made, without knowledge of its truth, was a false statement knowingly made, within the settled rule.””
1 later decision quote this exact passage · from the majority
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.