Rippe v. Sutter’s Empirical Analysis

Citation profile

4 federal appellate · 30 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[F]or the purpose of sections 516.100 to 516.370, the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.””

   4 later decisions quote this exact passage
   e.g. Chemical Workers Basic Union Local No. 1744 v. Arnold Savings Bank · Baum Associates, Inc. v. Society Brand Hat Company

2. “[BJecause we are bound by the record before us, we must assume that no evidence was adduced at the time the motions were argued and consequently no proof was before the court to justify the sustention of the motion on the ground of res judicata.... It may well be that the trial court in fact ruled the motion only after examining the files of his court ..., and it may be that the trial court took judicial notice of those records. The difficulty is, however, that nothing ... enables us to determine what it was the trial court judicially noticed, and, consequently, to determine whether the matters of which the court may have taken judicial notice did cause the issues in the instant case to be res judicata. Nor does the factual situation here enable us to apply a presumption of right action on the part of the trial court. That is because ... the record by which we are bound does not even indicate that any evidence was adduced. We are forced to conclude, therefore, that the trial court erred in dismissing the petition.”

   3 later decisions quote this exact passage
   e.g. Miller v. Enyeart · Classe v. Dalton

3. ““We have the view that an indispensable element of the [conspiracy to defraud] claim asserted by plaintiff was her sustention of damage. As we see it, plaintiff had no claim or cause of action against defendant until and unless the wrongful institution and maintenance of the suits resulted in damage to her. That must be true, because, irrespective of how fraudulent or wrongful defendant’s acts in causing the institution and maintenance of the suits may have been, no right of plaintiff was violated unless defendant’s acts of institution and maintenance proximately contributed to cause her not to receive property that was rightfully hers. So that in this action, as in actions for fraud and deceit, Lammers v. Greulich, Mo., 262 S.W.2d 861 , 86⅛[%][3][⅛], pecuniary loss constituted an indispensable part of the [conspirar cy to defraud] claim asserted by plaintiff.””

   1 later decision quote this exact passage
   e.g. Tindall v. Holder