Morrison v. Acton’s Empirical Analysis
1948
Citation profile
4 federal appellate · 2 district · 60 state decisions
How this case has been cited
Cited by 67 later decisions — most recently July 2018 · most notably Fernandi v. Strully (1961), Wilkinson v. Harrington (1968)
4 federal appellate · 2 district · 60 state decisions — followed in 12 states
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 Barham v. Widing · In Re McDonnell's Estate · Burton v. Tribble · Arizona Binghampton Copper Co. v. Dickson · Boyce v. Brown
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * Constructive fraud * * may be defined as a breach of legal or equitable duty which, irrespective of the moral guilt or intent of the fraud feasor, the law declares fraudulent, because of its tendency to deceive others, to violate public or private confidence, or to injure public interests. Neither actual dishonesty of purpose nor intent to deceive is an essential element of constructive fraud * * ’.” Bell v. Bell, 44 Ariz. 520 , 39 P.2d 629, 637 . “Constructive fraud arises out of a fiduciary or confidential relationship. In re McDonnell’s Estate, supra [ 65 Ariz. 248 , 179 P.2d 238 ] * * Morrison v. Acton, 68 Ariz. 27 , 198 P.2d 590, 595 .”
1 later decision quote this exact passagee.g. Brazee v. Morris““A dentist who in removing an impacted tooth of patient left part of the instrument in patient’s jaw bone was guilty of constructive fraud tolling limitations on patient’s cause of action for malpractice, where dentist knew or was chargeable with knowledge of breaking of his instrument and assured patient that there was nothing about his jaw that should cause further trouble.””
1 later decision quote this exact passagee.g. Seitz v. Jones““ ‘Neither actual dishonesty of purpose nor intent to deceive is an essential element of constructive fraud’ * * * Constructive fraud arises out of a fiduciary or confidential relationship * * * Fraud and deceit may arise from silence when there is a duty to speak the truth, as well as from the speaking of an untruth.””
1 later decision quote this exact passagee.g. Allen v. Layton
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.