34 Ill. App. 2d 421 - Brubaker v. Gould’s Empirical Analysis
1962
Citation profile
19
cited by 19 later decisions
1
states following
August 1978
most recently cited
17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Mere delay will not bar relief, where the injured party was ignorant of the fraud and filed his complaint within a reasonable time after acquiring knowledge of it. (Bremer v. Bremer (1952), 411 Ill. 454, 468 , 104 N.E.2d 299 .) Neither Gould, Gould & Company nor Lahman have been prejudiced by the alleged delay of Brubaker in commencing the instant action, and no defendant has changed his position in reliance on plaintiffs’ failure to take action at an earlier date. McCartney v. McCartney (1956), 8 Ill.2d 494, 500 , 134 N.E.2d 789 .””
1 later decision quote this exact passage · from the majority““Fraud is established by evidence of circumstances and facts which are inconsistent with an honest purpose and which convinces the mind of the existence of fraud. The proof should be clear and convincing in its nature, so as to leave the mind well satisfied that each element has been established. (In re Estate of Baumgarth (1960), 23 Ill.App.2d 319, 326 , 163 N.E.2d 201 ; 19 I.L.P., Fraud § 47.)””
1 later decision quote this exact passage · from the majority““ * * * [W]e believe that the evidence * * * sustains the allegations that the May 9, 1951, assignment was procured by Lahman by means of false and fraudulent misrepresentations, deliberately made with the intent to defraud the Brubakers of their complete interest in the stock.” “Lahman freely admitted that he spent months trying to persuade the Brubakers to give up their stock. * * #»”
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.