Shaw v. Clark’s Empirical Analysis
1882
Citation profile
1 district · 13 state decisions
How this case has been cited
Cited by 17 later decisions — most recently June 1987
1 district · 13 state decisions
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 Kost v. Bender · National Security Bank v. Cushman · Barnard v. Backhaus · Gregory v. Wendell · Gregory v. Wendell
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In common speech ‘gambling’ is applied to play with stakes at cards, dice, or other contrivance, to see which shall be the winner and which the loser. A contract for the purchase of options is not gaming, within the meaning of this term. In form it is the purchase of a commodity to be delivered at a future date, and it only resembles gaming in that the parties take a chance of gain or loss without intending that the sale which they nominally make shall ever become a legitimate business transaction. ‘Betting,’ in common speech, means the putting of a certain sum of money or other valuable thing at stake on the happening or nonhappening of some uncertain event. A purchase of options is not. betting in this sense, though it resembles it in the fact that risks are taken on uncertain events, and that the tendency to those engaged in it is demoralizing. * We have no idea that the purchase of options was in iiu> mind of the Legislature when passing the statute against betting or gaining.””
2 later decisions 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.