McGhee v. McGhee’s Empirical Analysis
1960
Citation profile
1 district · 12 state decisions
How this case has been cited
Cited by 15 later decisions — most recently August 2018
1 district · 12 state decisions
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 98 Cal. App. 2d 562 - Estate of Arbuckle · Kujek v. . Goldman · 21 Cal. 2d 645 - Larrabee v. Tracy · Mills v. Mills · Stearns v. Williams
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.
“Constructive fraud is a breach of legal or equitable duty which, irrespective of the moral guilt 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.”
2 later decisions quote this exact passage“It is the duty of a person once married to know, before entering again into a marriage relationship, that the previous marriage has been dissolved. The appellant having preferred marriage to respondent and held himself out as one capacitated and qualified to enter into the marriage relationship and having entered into such relationship when he, in fact, had no such capacity, he therefore perpetrated a fraud upon respondent. A woman also has such a cause of action (tort) against a man where she enters into a marriage with him, misled by his misrepresentations or concealment to believe that he has capacity to marry her, at least where she subsequently cohabits with him believing herself to be his wife. Damages in an action by a woman against a man for fraud in inducing her to enter into a marriage are not limited to pecuniary loss, but cover change of single status, humiliation, disgrace, mental anguish, and deprivation of that conjugal society comfort, and attention to which one is entitled by reason of the change from single to marital status. Such damages are naturally somewhat speculative, depending on the circumstances of the particular cases and their computation is largely in the discretion of the jury.”
1 later decision quote this exact passage“comprises all acts, omissions and concealments involving a breach of legal or equitable duty, trust or confidence and resulting in damage to another.”
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.