228 Mo. App. 727 - Coffman v. Shell Petroleum Corp.’s Empirical Analysis

Citation profile

23 state decisions

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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we understand it, this is a suit for damages for malicious prosecution, although one of the parties to this appeal refers to it as a suit for false arrest and malicious prosecution. If we mistake not, there is a difference between the two. Technically, or rather correctly speaking, a suit for false arrest or false imprisonment is the proper action where the aggrieved person is arrested without legal process; but, where the process on which the arrest was made is regular on its face, but was sued out maliciously and without probable cause, the remedy of the injured person is an action for malicious prosecution. The two actions, however, are closely akin, and sometimes a transaction may constitute both a false imprisonment and a malicious prosecution. 11 R. C. L. 790, 791.” Coffman v. Shell Petroleum Corporation et al., 228 Mo. App. 727 , 71 S. W.2d 97, 98 .”

   1 later decision quote this exact passage
   e.g. Kredit v. Ryan

2. “Was defendant actively instrumental in putting the law in force? * * * It must affirmatively appear * * * that the party sought to be charged was the proximate and efficient cause of maliciously putting the law in motion. Mere passive knowledge or acquiescence or consent in the acts of another is not sufficient to make one liable. To impose liability there must be some affirmative action by way of advice, encouragement, etc.”

   1 later decision quote this exact passage
   e.g. Bellington v. Clevenger