240 Mo. App. 782 - Gwin v. Gwin’s Empirical Analysis
1949
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently August 1989
12 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 Suhre v. Busch · Orr v. St. Louis Union Trust Co. · Little v. Mettee · Sanford v. Van Pelt · Wier v. Kansas City
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A constructive trust does not arise by virtue of any agreement or intention of the parties, actual or implied, but is implied by law, independently of their intention to create a trust. Suhre v. Busch, 343 Mo. 679 , 123 S.W.2d 8 . ‘Obviously the constructive trust is not the product of the intent of the parties.’ Kerber v. Rowe, supra, 348 Mo. [1125] page 1130, 156 S.W.2d [925] page 927; 3 Bogert, Trusts and Trustees, § 471. It is a device or method of the law of equity to effect restitution or to rectify a situation where a party has been wrongfully deprived of some right, title or benefit in property as a result of a fraud or violation of confidence or faith reposed in another. Fraud, actual or constructive, is the essential element of a constructive trust. Little v. Mettee, 338 Mo. 1223 , 93 S.W.2d 1000 ; Wier v. Kansas City, 356 Mo. 882 , 204 S.W.2d 268 ; Young v. Kansas City Life Ins. Co., 329 Mo. 130 , 43 S.W.2d 1046 .””
2 later decisions 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.