114 Ind. App. 364 - Bowes v. Lambert’s Empirical Analysis
1943
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently May 2011 · most notably 168 Ind. App. 363 - Chrysler Corporation v. Alumbaugh (1976), 149 Ind. App. 693 - Smart & Perry Ford Sales, Inc. v. Weaver (1971)
34 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 State v. Mutual Life Insurance · Sherrick v. State · Indiana Union Traction Co. v. Scribner · Great American Tea Co. v. Van Buren · 84 Ind. App. 451 - General Realty Co. v. Silcox
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Estoppel] springs from equitable principles, and is designed to aid the law in the administration of justice where without its aid injustice might result. State v. Mutual Life Ins. Co. of New York (1910), 175 Ind. 59 , 93 N.E. 213 , 42 L.R.A., N.S., 256. It is purely a defensive weapon, its purpose being to preserve rights previously acquired, and not to create new ones. ‘[Its use] is as a shield, and not as a sword.’ It should never be invoked as an instrument of gain but should be confined to saving harmless or making whole the party in whose favor it arises. Sherrick v. State (1906), 167 Ind. 345 , 79 N.E. 193, 198 .”
2 later decisions quote this exact passage““. . . Where a party has the power and opportunity of producing a witness, presumably favorable to him, who could further enlighten the court or jury, his failure to produce such witness gives rise to an inference that such witness if produced would give testimony unfavorable to the party failing to produce him. . . .” (See p. 369 of opinion).”
1 later decision quote this exact passage“The doctrine of estoppel springs from equitable principles, and is designed to aid the law in the administration of justice where, without its aid, injustice might result. Its purpose is to preserve rights previously acquired, and not to create new ones.”
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.