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← 596 SW2D 23 - Johnson v. Cormney

Johnson v. Cormney’s Empirical Analysis

1979

Citation profile

15
cited by 15 later decisions
1
states following
March 2017
most recently cited

9 state decisions

How this case has been cited

Cited by 15 later decisions — most recently March 2017

9 state decisions

7019791980199020002010decided

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 Sanford Construction Co. v. S & H CONTRACTORS, INC. · Campbell v. First National Bank of Barbourville · Spencer v. Woods · Bolling v. Ford · Foremost Insurance Co. v. Shepard

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

  1. “[a]ll recoverable damages are subject to some uncertainties and contingencies, but it is generally held that the uncertainty which prevents a recovery is uncertainty as to the fact of damage and not as to its amount. Where it is reasonably certain that damage has resulted, mere uncertainty as to the amount does not preclude one’s right of recovery or prevent a jury decision awarding damages.”
    2 later decisions quote this exact passage
  2. “[I]t is not necessary that direct evidence of fraud be adduced and that fraud may be established by evidence which is wholly circumstantial. 37 C.J.S. Fraud [§ ] 115; and Campbell v. First National Bank of Barbourville, 234 Ky. 697 , 27 S.W.2d 975 (1930). The courts of this Commonwealth have long recognized that “(p)arties contemplating the commission of fraud do not usually blow a horn or beat a drum to call attention to what they are doing,” and have accordingly held that frauds may be established by circumstances. Bolling v. Ford, 213 Ky. 403 , 281 S.W. 178 (1926). Further, even though each bit of circumstantial evidence in and of itself may seem trivial and unconvincing, the combination of all the circumstances considered together may be decisive in a given case of fraudulent design. 37 C.J.S. Fraud [§ ] 115.”
    1 later decision quote this exact passage
  3. “But for the use of the word condoned,’ those instructions tendered by appellant do not differ substantially from those given by the court, and we find no objection by appellant at trial, or tendered instruction, that could be said to make reasonably clear to the trial court what the appellant had in mind as to his objection to the use of the word ‘condoned.’ ”); Miller v. Quaife, Ky., 391 S.W.2d 682, 684 (1965) (”
    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.