Shippen v. Bowen’s Empirical Analysis
48 F. 659 · 1883
Citation profile
1
cited by 1 later decisions
April 1908
most recently cited
1 federal appellate ·
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The counsel for plaintiff insists that in such a case as this no scienter need be alleged, nor, if alleged, need be proved. I am unable to concur in the soundness of this proposition. The contention of the plain!iff’s counsel is that, because ihe mere sale of the bonds rendered the seller liable upon an implied warranty of their genuineness, he is equally liable for an implied tort; but this argument fails to note the distinction between an action upon an implied contract of warranty of the genuineness of the bonds sold and an action for deceit or misrepresentation sounding in tort. It is impossible to conceive the idea of a tort as separate and apart from an Intentional wrong and injury» or such negligence or other misconduct as necessarily to imply such wrong or injury. A scienter is the very gist of a tort. To say that one may recover hi tort without proving a scienter is to say that he may omit from his proof the chief element of his case.””
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.