McClellan v. Tobin’s Empirical Analysis
1942
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently October 1989
17 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 Frenzel v. Miller · Edwards v. Hudson · State, Ex Rel. v. Meiser, Trustee · Hunt v. Blanton · Chicago, Indianapolis & Louisville Railway Co. v. Ramsey
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A false representation may nevertheless be made by presenting that which is true so as to create an impression which is false, and then profiting by the false impression thus created, for in such case the state of mind produced falsely represents the facts, and to take advantage of such a state of mind is to profit by a false representation.” See also Restatement of Torts, §§ 527 and 529; Prosser on Torts (4th Ed.) § 106.”
1 later decision quote this exact passage“'When the person who claims to have been defrauded solemnly states under oath that he did not believe the alleged false representations, the inevitable conclusion must be that he was not deceived thereby. There is no other field of in quiry for a court to explore under such circumstances.”
1 later decision quote this exact passagee.g. Shortridge v. Platis
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.