Upshur v. Briscoe’s Empirical Analysis
138 U.S. 365 · 1891
Citation profile
38 federal appellate · 12 district · 25 state decisions
How this case has been cited
Cited by 352 later decisions (8 by the Supreme Court) — most recently August 2022 · most notably Davis v. Aetna Acceptance Co. (1934), Crawford v. Burke (1904)
38 federal appellate · 12 district · 25 state decisions — followed in 11 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 Neal v. Clark · Railroad Company v. Houston · Chapman v. Forsyth · Strang v. Bradner
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 352 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The language would seem to apply only to a debt created by a person who was already a fiduciary when the debt was created.”
16 later decisions quote this exact passage · from the majority“technical trusts, and not those which the law implies from contract.”
16 later decisions quote this exact passage · from the majority“the owner of the $10,000 in his own right. He had the right to use the money in any way he thought proper ... there was no obligation upon him to keep it separate from his own money, or to put upon it any marks of identification, or to invest it in any particular securities ... Within the meaning of the exception in the bankruptcy act, a debt is not created by a person while acting in a ‘fiduciary character,’ merely because it is created under circumstances in which trust or confidence is reposed in the debtor, in the popular sense of those terms,”
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.