People v. . Stephens’s Empirical Analysis
1878
Citation profile
5 federal appellate · 88 state decisions
How this case has been cited
Cited by 101 later decisions (1 by the Supreme Court) — most recently October 1997 · most notably Bigelow v. Old Dominion Copper Mining & Smelting Co. (1912), Federal Sign v. Texas Southern University (1997)
5 federal appellate · 88 state decisions — followed in 20 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.
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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As the contract was executed, before the discovery of the fraud, there was no doubt of the right of the defrauded party to retain the property to recover damages for the fraud, and, as the consideration for the demise had not been paid, it is a plain ease for recoupment. It is well settled that a party is not bound to return the property he has been induced by fraud to purchase, but may retain it and take his remedy by action for the fraud. But it by no means follows, either logically or legally, that one who has made an exe-cutory contract for property to be delivered and paid, for in the future, and discovers that he has been cheated, and without objection or protest receives the property and pays for it, may then- sue for the fraud. The fraud in such case is consummated and legal damages incurred by the acceptance of the property and paying for it. The parting with the consideration constitutes the legal damage, and that, being done with full knowledge of the cheat, fraud, or deception, cannot be alleged.””
2 later decisions quote this exact passage““It is also well understood .that, if fraud is not discovered until after a contract entire lias been partly or wholly performed and the defrauded party has parted with his property or money, he need not rescind, hut may affirm the contract and bring an action for the damages.” 71 N. X. 558.”
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.