Horbach v. Coyle’s Empirical Analysis

Citation profile

10 federal appellate · 1 district ·

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. ““Contracts, the object or tendency of which is to constitute a fraud or breach of trust or breach of duty on the part of - one who stands in a fiduciary or confidential relation, are illegal and void, as constituting, or tending to constitute, a fraud on third persons. * * such agreements, tending to cause unfaithful conduct by fiduciaries, are illegal because they are in effect agreements to - wrong or to defraud the persons whose interests- the fiduciaries have in charge. Contracts of this character are those involving dereliction of duty by * * '* an attorney, * * * partners and others who are engaged in a joint enterprise or undertaking or are jointly interested in a matter or j ointly liable in an action, * * * and any other persons occupying fiduciary or confidential positions. “ * * * The fact, however, that the third person with respect to whom the relation of trust or confidence exists is not injured, or subsequently makes no complaint as to the transaction, does not purge the contract of its illegality.””

   1 later decision quote this exact passage · from the majority
   e.g. Fremon v. W. A. Sheaffer Pen Co.

2. ““A contract which has for its object the perpetration of a fraud on a third person is illegal and void.””

   1 later decision quote this exact passage · from the majority
   e.g. Fremon v. W. A. Sheaffer Pen Co.