Davis v. Upton’s Empirical Analysis

Citation profile

18 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule is that fraud must relate to a present or pre-existing fact, and cannot ordinarily be predicated on unfulfilled promises or statements as to future events. However, where one promises to do a certain thing, having at the time no intention of keeping his agreement, it is a fraudulent misrepre sentation of a fact, and actionable as such.” Id. at 568.”

   2 later decisions quote this exact passage
   e.g. Sylvester v. Stone · Tom Hughes Marine Incorporated v. American Honda Motor Company Incorporated

2. “In order to recover in this cause of action for fraud and deceit, the plaintiff must prove that the defendant made a material representation; that it was false; that when it was made the defendant knew it was false; that it was made with the intention that it should be acted upon by the plaintiff; that plaintiff was ignorant of its falsity; that he relied on its truth; that he had a right to rely thereon; and, that he thereby suffered injury.”

   1 later decision quote this exact passage
   e.g. Fine v. Marks (In Re Marks)

3. ““The (plaintiff) having charged the (defendant) with fraud and deceit as the basis for his cause of action must establish such by evidence that is clear, cogent and convincing and the failure to prove any one of the elements of fraud and deceit is fatal to recovery.” Davis v. Upton, supra at 567.”

   1 later decision quote this exact passage
   e.g. Sylvester v. Stone