Liken v. Shaffer’s Empirical Analysis
141 F.2d 877 · 1944
Citation profile
8 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 1981
8 federal appellate · 1 district · 3 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 Southern Pac Co v. Bogert · Beatty v. . Guggenheim Exploration Co. · Oelrichs v. Spain · Northern Pacific Railway Company v. Jacob Slaght · Morgan v. Beloit, City and Town
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In 54 Am.Juris., ‘Trusts,’ 167, Section 218 it is stated: ‘A constructive trust, or, as it frequently is called, a trust ex maleficio, ex delicto, a trust de son tort, or an involuntary or implied trust is a trust by operation of law which arises contrary to intention and in invi-tum, against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. It is raised by equity to satisfy the demands of justice.’ And in Section 219, page 169 of the same work it is stated: ‘A constructive trust is substantially an appropriate remedy against unjust enrichment. It is raised by equity in respect of property which has been acquired by fraud, or where, although acquired originally without fraud, it is against equity that it should be retained by the person holding it.’ Pomeroy, Equity, Jurisprudence, Volume 1, Section 155, page 210 states: ‘Constructive trusts are raised by equity for the purpose of working out right and justice, where there was no intention of the party to create such a relation. * * * If one party obtains the legal title to property, * * * in any * * * unconscien-tious manner, so that he cannot equitably retain the property which really belongs to another, equity ca”
1 later decision quote this exact passage · from the majoritye.g. Fuller v. Fuller
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.