Schumer v. Craig Distributing Co.’s Empirical Analysis
1987
Citation profile
8
cited by 8 later decisions
2
states following
September 2010
most recently cited
1 federal appellate · 6 state decisions
Relationships
Relies on Sanders v. Daniel International Corp. · Palermo v. Cottom · State v. Warren · Hoog v. Strauss · State v. Phillips
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The termination of the insufficient funds check prosecution upon payment of costs by [the drawer] and dismissal of the charge is not a termination favorable to [the drawer] for purposes of a malicious prosecution action.... [The drawer’s] evidence did not establish her case because she did not prove a favorable termination of the insufficient funds prosecution. The failure of proof of this essential element is fatal to her cause of action.... [The drawer] agreed without any objection to pay the court costs upon dismissal of the charges. She sought out the prosecutor and arranged for the compromise. A termination of a prosecution which has been brought about by the defendant, or by compromise and settlement, will not support an action for malicious prosecution.... [The drawer] may not have been aware of the legal effect of her action in procuring the dismissal of the charges, but the legal effect nonetheless exists, and dooms [her] claims for damages for malicious prosecution.” Id. at 19-20 [2].”
1 later decision quote this exact passage“(1) the commencement of a prosecution against the plaintiff; (2) the instigation by the defendant; (3) the termination of the proceeding in favor of the plaintiff; (4) the want of probable cause for the prosecution; (5) the defendant's conduct was actuated by malice; and (6) the plaintiff was damaged.”
1 later decision quote this exact passage“Mere giving of honest assistance and information which leads to a prosecution does not necessarily render a person liable as an instigator of that prosecution....”
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.