Max T. Morgan v. Walter R. Graham’s Empirical Analysis
228 F.2d 625 · 1956
Citation profile
16 federal appellate · 6 district · 14 state decisions
How this case has been cited
Cited by 44 later decisions — most recently March 2012 · most notably Koplin v. Rosel Well Perforators, Inc. (1987), 17 Ill. 2d 242 - River Valley Cartage Co. v. Hawkeye-Security Insurance (1959)
16 federal appellate · 6 district · 14 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 Standard Acc. Ins. v. Winget · Sampson v. Century Indemnity Co. · 119 F. Supp. 383 - Wilkerson v. Maryland Cas. Co. · Mid-Continent Petroleum Corp. v. Bettis
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““One of the grounds on which appellant challenges the judgment is that it is an action for damages based on perjury. It is our view that this contention is not well founded. It is, of course, fundamental that in the absence of a statute to the contrary an unsuccessful litigant who has lost his case because of perjured testimony may not maintain a civil action for damages against the person who commits the perjury. It is also true that the acts asserted in the complaint relied upon for recovery, if established, constitute perjury, but it does not follow therefrom that a civil action in tort for damages may not be predicated upon such testimony if all elements necessary to maintain such, an action are present. ...” ( 228 F.2d at 627 , 54 A.L.R.2d at 1295)”
1 later decision quote this exact passage · from the majoritye.g. Snyder v. Faget““It is, of course, true as stated by appellant that there must be reliance upon a fraudulent representation in order to sustain an action for fraud. That is just another way of saying that the aggrieved party took a course of action or refrained from taking a course of action because of the false representation. It is true that Graham testified that he did not believe Morgan’s statement that no policy was issued. He was nonetheless forced to act to his detriment and do what he would not have done had the statement not been made. In other words, he was forced to rely on the misrepresentations. He was forced to act on the misrepresentations to the same extent that he would have acted had he believed them to be true.””
1 later decision quote this exact passage · from the majoritye.g. Frist v. Gallant“c. pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest accruing after entry of judgment until the company has paid, tendered or deposited in court, such part of such judgment as does not exceed the limit of the company's liability thereon.”
1 later decision quote this exact passage · from the majority
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.