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← 15 E.H. Smith 47 - Curtis v. . Van Bergh

15 E.H. Smith 47 - Curtis v. . Van Bergh’s Empirical Analysis

1899

Citation profile

49
cited by 49 later decisions
4
states following
June 1974
most recently cited

3 federal appellate · 2 district · 40 state decisions

How this case has been cited

Cited by 49 later decisions — most recently June 1974 · most notably Caesar v. . Rubinson (1903), Bradford v. New York Times Co. (1974)

3 federal appellate · 2 district · 40 state decisions

170189919001910192019301940195019601970decided

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 Ward v. Hudson River Building Co. · Little v. . Banks · Cotheal v. . Talmage · Bagley v. . Peddie · Kemp v. . Knickerbocker Ice Co.

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

  1. “the law of this state, as settled by this court, that where the language used is clear and explicit to that effect, the amount is to be deemed liquidated damages when the actual damages contemplated at the time the agreement was made `are in their nature uncertain and unascertainable with exactness, and may be dependent upon extrinsic considerations and circumstances, and the amount is not, on the face of the contract, out of all proportion to the probable loss'”
    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.