Rose v. Hayden’s Empirical Analysis
1886
Citation profile
1 federal appellate · 1 district · 35 state decisions
How this case has been cited
Cited by 37 later decisions — most recently March 1986 · most notably Beatty v. . Guggenheim Exploration Co. (1919), Quinn v. Phipps (1927)
1 federal appellate · 1 district · 35 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 Massie v. Watts · Wood v. . Rabe · Botsford v. Burr · Perry v. McHenry · Rothwell v. Dewees
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It appears to me, that here a confidential relation of principal and agent did exist; and that being once shown, it disables the party from insisting upon the objection, that the trust is void, as being by parol. The very confidential relation of principal and agent has been treated, as for this purpose, a case sui generis. It is deemed a fraud for an agent to avail himself of his confidential relation to drive a bargain, or create an interest adverse to that of his principal in the transaction; and that fraud creates a trust, even when the agency itself may be, nay must be, only by parol. Bartlett v. Pickers gill, 1 Eden (Eng.), 515; 1 Cox, Ch. (Eng.) 15; 4 East (Eng.), 577, note, and Leman v. Whitely, 4 Russ. (Eng.) , are, I admit, against this doctrine — not wholly, but to a’ limited extent; for the latter case excludes a case of fraud. But then Lees v. Nuttall, 1 Russ. & M. (Eng.), 53, expressly decides, that if an agent employed to purchase an estate, purchase for himself and on his own account, he becomes a trustee for the principal. In that case the whole agency and trust was made out by parol, and the purchase was from a third person. Carter v. Palmer, 1 Bligh (Eng ), 397, 418, goes the full length of the same proposition.””
1 later decision quote this exact passage · from the majoritye.g. Johnson v. Hayward““Where one person agrees, as agent, to buy land for another as his principal, and does buy it, but takes the title in his own name, this title in his hands stands affected with a resulting trust for the benefit of the principal by operation of law, and the case is not within the statute of frauds, resulting trusts being expressly excepted from the operation of the statute. ’ ’”
1 later decision quote this exact passage · from the majoritye.g. Quinn v. Phipps
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.