MacKubin v. Curtiss-Wright Corp.’s Empirical Analysis
1948
Citation profile
3 federal appellate · 14 district · 44 state decisions
How this case has been cited
Cited by 72 later decisions — most recently December 2017 · most notably Traylor v. Grafton (1975), Shillman v. Hobstetter (1968)
3 federal appellate · 14 district · 44 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 Ultramares Corp. v. Touche · Robins Dry Dock & Repair Co. v. Flint · German Alliance Insurance Company v. Home Water Supply Company · Seaver v. . Ransom · Pennsylvania Steel Co. v. New York City Ry. 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"An incidental beneficiary acquires by virtue of the promise no right against the promisor or the promisee [citation omitted]. In order to recover it is essential that the beneficiary shall be the real promisee; i.e., that the promise shall be made to him in fact, though not in form. It is not enough that the contract may operate to his benefit. It must clearly appear that the parties intend to recognize him as the primary party in interest and as privy to the promise. "”
8 later decisions quote this exact passage · from the majority“(1) a “donee” beneficiary as one “where it appears that the purpose of the promisee in obtaining the promise of the performance thereof is to make a gift to the beneficiary or to confer upon him a right against the promisor to some performance neither due nor supposed or asserted to be due from the promisee to the beneficiary” and (2) a “creditor” beneficiary as one “where no purpose to make a gift appears and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee .... ””
7 later decisions quote this exact passage · from the majority
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.