Comstock v. Herron’s Empirical Analysis
55 F. 803 · 1893
Citation profile
13 federal appellate · 1 district ·
How this case has been cited
Cited by 18 later decisions — most recently January 1974
13 federal appellate · 1 district ·
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 Payne v. Hook · Case of Broderick's Will · Simmons v. Saul · Lawrence v. Nelson · Daniel Green's Administratrix v. Fletcher Creighton
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The rule which requires clear proof to warrant the conclusion of a waiver of a substantial right is especially applicable to those holding fiduciary relations. When a trustee, holding a position of power and influence over the cestui que trust, sets up against that party, for the benefit of others, an estoppel precluding the assertion of a right created by the trust, and that estoppel is founded upon a transaction between the beneficiary and himself, he must be expected to produce quite satisfactory proof that the party proposed to be estopped came freely, and with full understanding of his rights, into some inconsistent arrangement, of tangible form and certainty. Nothing less than this should satisfy the court. Wheeler v. Smith, 9 How. 55 [ 13 L. Ed. 44 ]; Lloyd v. Attwood, 3 De Gex & J. 614 (judgment of Lord Justice Turner); Aspland v. Watte, 20 Beav. 474; Walker v. Symonds, 3 Swanst. 1.””
1 later decision quote this exact passage · from the majoritye.g. Ingram v. Lewis
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.