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← 387 SW2D 282 - O'Brien v. Marvin

O'Brien v. Marvin’s Empirical Analysis

1965

Citation profile

4
cited by 4 later decisions
1
states following
August 1988
most recently cited

1 federal appellate · 1 state decisions

Relationships

Relies on Bryant v. Troutman · Gus Dattilo Fruit Co. v. Louisville & Nashville Railroad · Baxter v. Davis · 143 F. Supp. 747 - Terrill v. Carpenter · Rice v. Hord

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

  1. “[t]he burden is on the party asserting fraud to establish it by clear and convincing proof. Rice v. Hord, 252 Ky. 469 , 67 S.W.2d 715 [1934]; Terrill v. Carpenter, D.C., 143 F.Supp. 747 , affirmed 6 Cir., 249 F.2d 142 .”
    1 later decision quote this exact passage
  2. “Having chosen to rely on their own examination, they were properly denied the right to rely on any fraudulent representations or suppression of fact.”
    1 later decision quote this exact passage
  3. “* * * had information of the fire and had more than one opportunity to examine the house and discover the damage of which they complain”
    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.