Lowther v. Hays’s Empirical Analysis
1950
Citation profile
2 federal appellate · 1 district · 34 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 2015 · most notably Craft v. Metromedia, Inc. (1985), Tietjens v. General Motors Corporation (1967)
2 federal appellate · 1 district · 34 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 Cain v. Garvey · Orlann v. Laederich · Goslin v. Kurn · Ray County Savings Bank v. Hutton · Finke v. Boyer
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Comprehensively stated, the elements of actionable fraud consist of: (1) A representation. (2) Its falsity. (3) Its materiality. (4) The speaker's knowledge of its falsity or ignorance of its truth. (5) His intent that it should be acted on by the person and in the manner reasonably contemplated. (6) The hearer's ignorance of its falsity. (7) His reliance on its truth. (8) His right to rely thereon.”
1 later decision quote this exact passagee.g. Wood v. Robertson“Fraud is never presumed, but must be proven. Yet it is not necessary that it be shown by direct evidence. It may be established by facts and circumstances, and the burden of proof rests upon him who asserts it to make it manifest.”
1 later decision quote this exact passagee.g. Powers v. Shore“And where the transaction under consideration may as well consist with honesty and fair dealing, as with a fraudulent purpose, it is to be referred to the better motive.”
1 later decision quote this exact passagee.g. Powers v. Shore
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.