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← 204 Pa. Super. 500 - Smith v. Lenchner

204 Pa. Super. 500 - Smith v. Lenchner’s Empirical Analysis

1964

Citation profile

40
cited by 40 later decisions
3
states following
June 2020
most recently cited

6 federal appellate · 27 state decisions

How this case has been cited

Cited by 40 later decisions — most recently June 2020 · most notably Harsco Corp. v. Zlotnicki (1985), Bata v. Central-Penn Nat. Bank of Phila. (1966)

6 federal appellate · 27 state decisions

1101964197019801990200020102020decided

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 Miners State Bank v. Auksztokalnis · Sulzner v. Cappeau-Lemley & Miller Co. · Irwin v. Weikel · Thomasik v. Thomasik · Fountain v. Bigham

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

  1. “[T]hat degree of restraint or danger, either actually inflicted or threatened and impending, which is sufficient in severity or apprehension to overcome the mind of a person of ordinary firmness---- The quality of firmness is assumed to exist in every person competent to contract, unless it appears that by reason of old age or other sufficient cause he is weak or infirm____ Where persons deal with each other on equal terms and at arm’s length, there is a presumption that the person alleging duress possesses ordinary firmness---- Moreover, in the absence of threats of actual bodily harm there can be no duress where the contracting party is free to consult with counsel____”
    2 later decisions quote this exact passage
  2. “that degree of restraint or danger, either actually inflicted or threatened and impending, which is sufficient in severity or apprehension to overcome the mind of a person of ordinary firmness: ... The quality of firmness is assumed to exist in every person competent to contract, unless it appears that by reason of old age or other sufficient cause he is weak or infirm.”
    2 later decisions quote this exact passage
  3. ““We perceive no merit in appellee’s contention that he was under duress when he executed and delivered the note in question. The threat purportedly made by appellant was not of physical violence or of criminal process, indeed not even of civil process Duress has been defined as that degree of restraint or danger, either actually inflicted or threatened and impending, which is sufficient in severity or apprehension to overcome the mind of a person of ordinary firmness: [citing cases]. The quality of firmness is assumed to exist in every person competent to contract, unless it appears that by reason of old age or other sufficient cause he is weak or infirm: [citing a case]. Where persons deal with each other on equal terms and at arm’s length, there is a presumption that the person alleging duress possesses ordinary firmness: [citing a case]. Moreover, in the absence of threats of actual bodily harm there can be no duress where the contracting party is free to consult with counsel: [citing cases].”.”
    1 later decision quote this exact passage

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.