Welch v. Johnson’s Empirical Analysis
1919
Citation profile
5 federal appellate · 27 state decisions
How this case has been cited
Cited by 32 later decisions — most recently August 2019 · most notably Johnson v. Underwood (1922), Parker v. Title & Trust Co. (1956)
5 federal appellate · 27 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 Albany City Savings Institution v. . Burdick · Bonvillain v. Bodenheimer · Patty v. Salem Flouring Mills Co. · Taylor v. Glens Falls Insurance · Hyland v. Hyland
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`The conclusion from the best authorities seems to be, that to constitute culpable negligence the neglect complained of must amount to the violation of a positive legal duty.'”
5 later decisions quote this exact passage““In the absence of any pending litigation in which Johns was appearing as the attorney of record for Welch, no more importance can be attached to the letter than to the declaration of anyone else who assumes to speak for another. The case is not affected by the fact that the writer was a member of the Bar. He might as well have been the plaintiff’s grocer or laundryman. It would be necessary to show that the declarations in the letter were authorized by the plaintiff and within the scope of the authority conferred upon the writer, before the writing could bind the plaintiff. How far an attorney may bind his client in compromise or renunciation of his claim, is discussed in Pomeroy v. Prescott, 106 Me. 401 ( 76 Atl. 898 , 138 Am. St. Rep. 347 ,21 Ann. Cas. 574, and note). ’ ’ See Toomey v. Casey, 72 Or. 290, 295 ( 142 P. 621 ).”
1 later decision quote this exact passage“[i]f, as the trial court expressly found, the assumption clause was inserted in the paper 'by and through a mistake or oversight of the scrivener, and without the knowledge or consent of either the grantor or grantee,' [the plaintiff] is entitled to a reformation of the deed * * *.”
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.