Barbachano v. Allen’s Empirical Analysis
192 F.2d 836 · 1951
Citation profile
4 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 22 later decisions — most recently September 2009
4 federal appellate · 1 district · 1 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 Davis v. Aetna Acceptance Co. · Gleason v. Thaw · Irving Trust Company v. Bowditch · Greenfield v. Tuccillo · Greene v. Lane
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We note that in Barbachano the dis-chargeability of each amount was treated separately because each was based upon a separate finding with a separate award of damages as to each injury. In the case before us, however, there is only one claimed cause of action consisting of a number of different acts and one claim of damages consisting of both compensatory and punitive elements for the same acts. If we follow the reasoning in Bar-bachano here, both punitive and compen satory damages flow from one and the same course of conduct. If the acts were intentional and malicious they would support a right in the plaintiff to be compensated for loss or damage and they would also justify a recovery of punitive damages. But the legal basis for each is the same. That is what the appellant argues, and with that argument we agree. The statutory exception which measures non-dischargeability is “... for liabilities ... for willful or malicious injuries to the person or property of another....” The exception is measured by the nature of the act, i.e., whether it was one which caused willful and malicious injuries. All liabilities resulting therefrom are non-dischargeable. One liability is limited to actual compensation, presumably out of pocket expense, loss of profits, and other provable damages. But for this type of conduct, yet another liability may be incurred if the jury under proper instructions sees fit to award it. That is for punitive damages. Both types of liability are within the sta”
1 later decision quote this exact passage · from the majority“The record before us contains the pleadings, the findings, and the judgment in the action. These disclose an express determination that $10,000 of the judgment sum was awarded for willful and malicious injuries. What that record recites we must accept as true for the purpose of determining the question here presented. In re Greene, 7 Cir., 87 F.2d 951, 953, 109 A.L.R. 1188.”
1 later decision quote this exact passage · from the majoritye.g. Coen v. Zick“It is true that the Court found the false pretenses and false representations to have been made, but neither the defendants, nor anyone else, obtained any money or property thereby. Hence, the liability for this sum does not come within the category of debts not affected by a discharge.”
1 later decision 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.