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← 237 N.Y. 136 - Weigel v. . Cook

Weigel v. . Cook’s Empirical Analysis

1923

Citation profile

36
cited by 36 later decisions
3
states following
March 1985
most recently cited

5 federal appellate · 25 state decisions

How this case has been cited

Cited by 36 later decisions — most recently March 1985 · most notably Sager v. Friedman (1936), Giotis v. Lampkin (1958)

5 federal appellate · 25 state decisions

901923193019401950196019701980decided

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 Vail v. . Reynolds · Davis v. William Rosenzweig Realty Operating Co. · Allerton v. . Allerton · Gilmore v. Williams · Houser & Haines Manufacturing Co. v. McKay

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

  1. “"A person who has been induced by fraudulent representations to become the purchaser of property, has upon discovery of the fraud three remedies open to him, either of which he may elect. He may rescind the contract absolutely and sue in an action at law to recover the consideration parted with upon the fraudulent contract. * * * He may bring an action in equity to rescind the contract and in that action have full relief. (Allerton v. Allerton, 50 N.Y. 670 ). Such an action is not founded upon a rescission, but is maintained for a rescission, and it is sufficient therefore for the plaintiff to offer in his complaint to return what he has received and make tender of it on the trial. Lastly, he may retain what he has received and bring an action at law to recover the damages sustained."”
    1 later decision quote this exact passage

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.