Taylor v. Hopper’s Empirical Analysis
1929
Citation profile
18 federal appellate · 4 district · 27 state decisions
How this case has been cited
Cited by 51 later decisions — most recently November 2012 · most notably 18 Cal. 4th 1 - Cedars-Sinai Medical Center v. Superior Court (1998), Estate of Hanley v. Hanley (1943)
18 federal appellate · 4 district · 27 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 Urtz v. . N.Y.C. H.R.R.R. Co. · Westerfeld v. New York Life Insurance · Fox v. Hudson's Extx. · Garcia v. California Truck Co. · Gilson Quartz Mining Co. v. Gilson
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The case of Westerfeld v. New York Life Ins. Co., 129 Cal. 68 [ 58 P. 92 , 61 P. 667 ], relied upon by appellant, is not helpful to her cause for that case holds that for the plaintiff to maintain such an action as we are here considering, the compromise sought to be avoided must have been of an undisputed claim. In the decision of the court commissioner, adopted by the court, it was said: 'Cases of that nature (where one who seeks to rescind a compromise agreement on the ground of fraud is not required to restore the money he has received) arise when a party has been led by fraudulent contrivance to accept less money than was due him on an undisputed claim, as in Gilson etc. Co. v. Gilson, 47 Cal. 597 .' The compromise made in the case before us was of a disputed claim, unliquidated in amount and there is no practicable measure of damages for the action sought to be maintained. The demurrer, therefore, was properly sustained without leave to amend.”
3 later decisions quote this exact passage“"If the jury found a fraud had been committed upon plaintiff to induce her to give up her cause of action, how would it determine what amount, if any, she would have received from another jury had she not compromised her action, but had proceeded to trial? And how could damages in the instant case be assessed without some measure of what would have been accorded to plaintiff in the original action had she proceeded to trial? ... `In case the right of action had no value, she had gained by the transaction and was not injured. It had no value whatever if the true state of facts disclosed that it was an invalid and nonexisting claim, or, in other words, that the defendant was not negligent.... An alleged value of the claim based upon ... facts sufficient to warrant the reasonable belief of the plaintiff that she had a just claim is of a nature too speculative and wagering to be recognized by the law in this action for fraud.'" ( Taylor, supra, 207 Cal. at pp. 103-104, 276 P. 990 , italics omitted, quoting Urtz v. New York Central etc. Co. (1911) 202 N.Y. 170, 175-176 , 95 N.E. 711 .)”
1 later decision quote this exact passage“`[the claim] had no value whatever if the true state of facts disclosed that it was an invalid and non-existing claim, or, in other words, that the defendant was not negligent'”
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.