Maxfield v. Schwartz’s Empirical Analysis

Citation profile

1 federal appellate · 30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If Berens & Nachtsheim were seeking to enforce the written contract, a plea of fraud, such as is here presented, would constitute a defense, even though the defendants may have been wanting in ordinary prudence in relying upon the representations of the other contracting party as to the tenor or contents of the writing. They might still rely upon the defense that this was not their contract. C. Aultman & Co. v. Olsen, 34 Minn. 450 , 26 N. W. 451 ; Frohreich v. Gammon, 28 Minn. 476 , 11 N. W. 88 ; Miller v. Sawbridge, 29 Minn. 442 , 13 N. W. 671 ; Institution v. Burdick, 87 N. Y. 40 ; Linington v. Strong, 107 Ill. 295 ; Gardner v. Trenary, 65 Iowa, 646 , 22 N. W. 912 ; Thoroughgood’s Case, 2 Coke, 9; Stanley v. M’Gauran, 11 L. R. Ir. 314; Redgrave v. Hurd, 20 Ch. Div. 1, 13; Pol. Cont. 401 et seq., a.nd cases cited; Bigelow, Frauds, 523-525. While in the ordinary business transactions of life men are expected to exercise reasonable prudence, and not to rely upon others, with whom they deal, to care for and protect their interests, this requirement is not to be carried so far that the law shall ignore or protect positive, intentional fraud successfully practiced upon the simple-minded or unwary. As between the original parties, one who has intentionally deceived the other to his prejudice is not to be hoard to say, in defense of the charge of fraud, that the innocent party ought not to have trusted him.””

   1 later decision quote this exact passage
   e.g. Strand v. Griffith