Lowe v. Turpie’s Empirical Analysis
1896
Citation profile
5 federal appellate · 2 district · 106 state decisions
How this case has been cited
Cited by 113 later decisions — most recently September 1981 · most notably 171 Ind. App. 616 - Indiana Telephone Corp. v. Indiana Bell Telephone Co. (1976), Sinclair v. Gunzenhauser (1912)
5 federal appellate · 2 district · 106 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 Wallace v. Long · Loudon v. Taxing District · City of Delphi v. Lowery · Mayhew v. Burns · Garnsey v. . Rogers
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the rule, settled beyond controversy, that the damages to be recovered must be the natural and proximate consequences of the breach of the contract; damages which are remote or speculative cannot be recovered. Fuller v. Curtis, 100 Ind. 237 , 50 Am. Rep. 786 ; Cline v. Myers, 84 Ind. 304 ; Loker v. Damon, 34 Mass. 284 ; Prosser v. Jones, 41 Iowa 674 ; Wire v. Foster, 62 Iowa 114 , 17 N. W. 174 ; Osborne v. Poket, 33 Minn. 10 , 21 N. W. 752 . Hadley v. Baxendale, 9 Exch. 341, the leading English, and one followed by the courts of this country, lays down the following rule concerning the measure of damages: ‘Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.’ ””
2 later decisions quote this exact passage““When one is indebted to another and fails to pay the same when due, the damages for the delay in payment are provided for in the allowance of interest. This is the measure of damages adopted by the law in all actions by the creditor against the debtor. Loudon v. Taxing District 104 U.S. 771 ; Insurance Co. v. Piaggio, 16 Wall (U.S.) 378; Greene v. Goddard, 9 Mete. (Mass) 212, 232; 5 Am. and Eng. Ency. of Law, p. 27, and note, 2, p. 25.” Lowe v. Turpie (1896), 147 Ind. 652, 671 , 44 N.E. 25 ; see also Kuhn v. Powell, supra at 135 .”
1 later decision quote this exact passage“money is always in the market, and procurable * * *.”
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.