21 Md. App. 110 - Hartsock v. Strong’s Empirical Analysis
1974
Citation profile
2 district · 29 state decisions
How this case has been cited
Cited by 31 later decisions — most recently May 2013 · most notably 26 Md. App. 452 - Certain-Teed Products Corp. v. Goslee Roofing & Sheet Metal, Inc. (1975), 43 Md. App. 380 - Levin v. Levin (1979)
2 district · 29 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 Beatty v. . Guggenheim Exploration Co. · Fowler v. Benton · Springer v. Springer · Trossbach v. Trossbach · O'Connor v. Estevez
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[cjonstructive trusts are such as are raised by equity in respect of property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it. They arise purely by construction of equity, indepen dently of any actual or presumed intention of the parties to create a trust, and are generally thrust on the trustees for the purpose of working out the remedy. The trusts are not what are known as technical trusts, and the ground of relief in such cases is, strictly speaking, fraud, and not trust. Equity declares the trust in order that it may lay its hand on the thing and wrest it from the possession of the wrongdoer. Constructive trusts may be divided into three classes: first, trusts that arise from actual fraud; second, trusts that arise from constructive fraud; third, trusts that arise from some equitable principle independent of the existence of any fraud.”
1 later decision quote this exact passage · from the majority“It is enough that the 'conscience' of a court of equity would be traumatized if the legal title holder were allowed to deprive the beneficial owner of that which in good conscience belongs to the beneficial owner.” . A confidential relationship exists “where one party is under the domination of another or where, under the circumstances, such party is justified in assuming that the other will not act in a manner inconsistent with his or her welfare.”
1 later decision quote this exact passage · from the majoritye.g. Porter v. Zuromski
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.