Dittbrenner v. Myerson’s Empirical Analysis
1946
Citation profile
2 federal appellate · 5 district · 18 state decisions
How this case has been cited
Cited by 27 later decisions — most recently December 2008 · most notably 228 F. Supp. 757 - Trussell v. United Underwriters, Ltd. (1964), Davis Cattle Co. v. Great Western Sugar Co. (1976)
2 federal appellate · 5 district · 18 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 Bankers Trust Co. v. International Trust Co. · Davis v. Pursel · Sears v. Hicklin · Fort Collins Development Railway Co. v. France · Denver & Rio Grande Railroad v. Heckman
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““in such a situation the facts are amply sufficient to bring the case under the third class of fraud set out by Lord Hardwicke in the classic case of Earl of Chesterfield v. Janssen, 2 Vest. Sr. 125, 155: Fraud ‘ * * * which may be presumed from the circumstances and condition of the parties contracting: * * * to prevent taking surreptitious advantage of the weakness or necessity of another * * *.’ The essential condition precedent to the applicability of this doctrine is an ‘inequality’ between the parties; there must be weakness on the one side and advantage taken of that weakness on the other, and ‘It must appear that the dominant party either brought about the unevenness in the conditions, or, finding it ready to his hand, utilized and traded on it to extract from the servient party a gift or contract which he would not otherwise have made.’ Bower on Actionable Non-Disclosure, p. 390, §428. Where such a relation subsists between two persons, ‘The law presumes in favour of the servient party, against the dominant party, (1) that the relation placed the dominant party in a position to exercise influence and dominion over the servient party; (2) that such influence and dominion operated upon, and procured, the transaction; and (3) that the influence was an improper and unfair, or (to use the accepted phrase) an “undue influence.” Bower on Actionable Non-Disclosure, p. 363, §405. ‘ * * * when the relative position of the parties is such as prima facie to raise this presumptio”
3 later decisions 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.