Geraghty v. Randall’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. “In our opinion, Section 2164 of Mills’ Statutes, contemplates an aggravated case — one in which the wrong is premeditated and intentional. A person may obtain the money or property of another by means of statements which are untrue, but of the truth or falsity of which he is without knowledge. In such case he might be held responsible as for a legal fraud, although there was no active intention to commit a wrong. Converse v. Bloomrich, 14 Mich. 108 , [ 90 Am. Dec. 230 ]. But while such representations have been held to be false and fraudulent in law, they lack the peculiar features of guilt implied in the words ‘malice, fraud or wilful deceit,’ as used in Section 2164. We think that from the connection of the word ‘fraud’ with the words ‘malice’ and ‘wilful deceit’ it was intended to be understood in its odious sense. By denying the motion to set aside the general verdict the court held that there was evidence of fraud and we cannot suppose that it intended to contradict itself, so that in setting aside the special verdict on the ground that it was not supported by the evidence the court must have regarded the findings as having reference to actual and intentional fraud. The court was evidently of the opinion that the evidence did not warrant the extreme conclusion reached by the jury in their special finding, regarding it, however, as sufficient to sustain the general ver diet. Counsel are therefore mistaken as to the import of the court’s ruling. This was not that there ”

   1 later decision quote this exact passage
   e.g. Barrows v. Case