Ruysser v. Smith’s Empirical Analysis
1956
Citation profile
3 federal appellate · 7 state decisions
How this case has been cited
Cited by 10 later decisions — most recently July 2009
3 federal appellate · 7 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 Moberly v. Leonard · Jasper County Lumber Co. v. McNeill · State-Planters' Bank & Trust Co. v. First Nat. Bank of Victoria
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An indemnitor’s liability to the in-demnitee accrues when, under the terms and conditions1 of the particular contract, the covenant of indemnity is broken, * * * * * * “Where the indemnity is against liability, the cause of action is complete and the indemnitee may recover on the contract as soon as his liability has become fixed and established, even though he has sustained no actual loss or damage at the time he seeks to recover. Thus, under such a contract, a cause of action accrues to the indemnitee on the recovery of a judgment against him, and he may recover from the indemnitor without proof of payment of the judgment.””
1 later decision quote this exact passage““ ‘A promise to indemnify against the existence of a liability is broken as soon as the liability is incurred, and the promisee is entitled to recover damages based on the amount of his liability although he has not satisfied it. On the other hand, a promisor who has undertaken merely to indemnify against damage is liable only when actual payment has been made by the promisee, or damage suffered by him; and then only to the extent of such payment or damage’ ”.”
1 later decision quote this exact passage“not only to the language of the contract but also to the situation of the parties and the circumstances surrounding them at the time the contract was made.”
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.