Public-domain · open source
OpenJurist
← 36 KAN 246 - Burton v. Larkin

Burton v. Larkin’s Empirical Analysis

1887

Citation profile

51
cited by 51 later decisions
13
states following
September 2004
most recently cited

4 federal appellate · 3 district · 40 state decisions

How this case has been cited

Cited by 51 later decisions — most recently September 2004 · most notably Cornwell v. Jespersen (1985), Howsmon v. Trenton Water Co. (1893)

4 federal appellate · 3 district · 40 state decisions — followed in 13 states

1201887189019001910192019301940195019601970198019902000decided

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 National Bank v. Grand Lodge · Simson v. . Brown · Ames v. Lake Superior & Mississippi Railroad · Ferris v. Carson Water Co. · Turk v. . Ridge

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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"`It is not every promise made by one to another, from the performance of which a benefit may inure to a third, which gives a right of action to such third person, he being neither privy to the contract nor to the consideration. The contract must be made for his benefit, as its object, and he must be the party intended to be benefited.'"”
    2 later decisions quote this exact passage · from the majority
  2. ““The name of the person to be benefited by the contract need not be given if he is otherwise sufficiently described or designated. Indeed, he may be one of a class of persons, if the class is sufficiently described or designated.” Burton v. Larkin, 36 Kan. 246 ( 13 Pac. 398 , 59 Am. Rep. 541 ).”
    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.