Hamlin v. Abell’s Empirical Analysis

Citation profile

44 state decisions

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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It seems to be established that an action based upon the deceit or fraudulent representations of another, can not be maintained in the absence of proof that the party making them believed, or had good reason to believe at the time he made them, that they were false, or that he assumed or intended to. convey the impression that he had actual knowledge of their truth, though conscious that he had no such knowledge. When the above facts are proved, the scienter necessary to maintain an action for deceit, founded on fraudulent representations, is established.””

   1 later decision quote this exact passage
   e.g. Lovelace v. Suter

2. ““Indeed there is no conflict in the opinions in this State on the subject. While it is true that in all cases it is held that the petitions must allege the representations were fraudulent, in all of them it is held that a statement of material facts by one as of his own knowledge, not merely as an opinion or general assertion, about a matter of which he knew nothing whatever, a wilful statement in ignorance of the truth, is the same as a statement of a known falsehood and will constitute a scienter.””

   1 later decision quote this exact passage
   e.g. 219 Mo. App. 112 - McClure v. H. R. Ennis Real Estate & Investment Co.