Studybaker v. Cofield’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law is as cautious in defining a fiduciary relation in the sense in which we are now using that term r,s it is in limiting by definition the boundaries within which fraud may be pursued. There are certain technhal relations that are readily comprehended as fiduciary, such as guardian and ward, attorney and client, priest and communicant, etc., but there are other relations not falling in either of those specified classes that are in fact fiduciary, and, conversely, it is not every guardian, attorney or priest, quia eo nomin»-, who is to be adjudged to hold a fiduciary relation with the party in regard to a particular subject. It is in each case a question of fact. The law regards the real rather than the nominal conditions. The principle is thus stated in 27 Am. and Eng. Ency. of Law, 460: ‘The origin of the confidence and the source of the influence are immaterial. The rule embraces both technical fdueiary relations and those informal relations that exist whenever one trusts in and relies upon another. The only question is, does such a relation in fact exist?’ While the relation of nurse and patient may raise the question, yet it does not in itself answer that question, but the inquiry is still one of fact. Was trust reposed?””

   1 later decision quote this exact passage
   e.g. Klaber v. Unity School of Christianity