Fleming v. Gilbert’s Empirical Analysis
1808
Citation profile
2 federal appellate · 41 state decisions
How this case has been cited
Cited by 46 later decisions (1 by the Supreme Court) — most recently December 1934 · most notably Farmers' Loan & Trust Co. v. New York & Northern Railway Co. (1896), Lobenstein v. United States (1876)
2 federal appellate · 41 state decisions — followed in 16 states
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 Covenhoven v. Seaman
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The plaintiff’s conduct can be. viewed in no other light than as a waiver of a compliance with the condition of the bond, so far as it related to the mortgage on the record; and I see no infringement of any- rule or principle of law in permitting parol evidence of such waiver. It is a sound p>rinciple of law that he who prevents a thing being done shall not avail himself of the nonperformance he has occasioned.””
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.