Daugherty v. Kessler’s Empirical Analysis
1972
Citation profile
12 district · 50 state decisions
How this case has been cited
Cited by 66 later decisions — most recently February 2021 · most notably Alexander & Alexander Inc. v. B. Dixon Evander & Associates, Inc. (1994), H & R BLOCK, INC. v. Testerman (1975)
12 district · 50 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 Louis Kamm, Inc. v. Flink · St. Paul at Chase Corp. v. Manufacturers Life Insurance · Knickerbocker Ice Co. v. Gardiner Dairy Co. · Damazo v. Wahby · Western Maryland Dairy, Inc. v. Chenowith
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Conspirators do not voluntarily proclaim their purposes; their methods are clandestine. It is sufficient if the proven facts and circumstances, pieced together and considered as a whole, convince the court that the parties were acting together understandingly in order to accomplish the fraudulent scheme. Thus a conspiracy may be established by inference from the nature of the acts complained of, the individual and collective interest of the alleged conspirators, the situation and relation of the parties at the time of the commission of the acts, the motives which produced them, and all the surrounding circumstances preceding and attending the culmination of the common design.””
2 later decisions quote this exact passage · from the majority““An oral contract, like that before us, may be unenforceable as between the parties but between them and as to third parties may in various aspects have life, force and effect. 2 Corbin on Contracts, § 279, The Legal Operation of the Statute of Frauds, pp. 20-21, says: ‘A contract where the parties have not complied with the requirements of the statute is neither void nor voidable; it has much effect upon the legal relations of the contracting parties with each other and with third-persons.’ ””
2 later decisions quote this exact passage · from the majority““We find further that the evidence against Daugherty, Pratt and Griffith was insufficient to support a finding of actual malice, the prerequisite to liability for punitive damages in cases of this nature. Damazo v. Wahby, 259 Md. 627 ; St. Paul at Chase Corp. v. The Manufacturers L. I. Co., 262 Md. 192 , which are indistinguishable on the point, require this holding.””
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.