Colton v. Stanford’s Empirical Analysis
1890
Citation profile
3 federal appellate · 64 state decisions
How this case has been cited
Cited by 76 later decisions — most recently August 2015 · most notably Hobart v. Hobart Estate Co. (1945), 5 Cal. 4th 1082 - Mirkin v. Wasserman (1993)
3 federal appellate · 64 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 Twin-Lick Oil Company v. Marbury · Southern Development Co of Nevada v. Silva · Badger v. Badger · Kisling v. Shaw · Kitchen v. St. Louis, Kansas City & Northern Railway Co.
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Of course, in all trust relations the existence of confidence will be presumed, and if it appear that any advantage has come to the trustee in dealing with his cestui que trust , the burden will be thrown upon him to show that confidence was not in fact abused. But it has always been held, as we understand it, that this presumption might be overcome by proof of the fact that confidence had not been abused, and that the beneficiary acted, not upon any reliance or confidence placed in the trustee, but upon the advice of an independent, professional, disinterested, and competent adviser.”
1 later decision quote this exact passage“A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties. ...”
1 later decision quote this exact passagee.g. Podlasky v. Price
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.