Stewart v. Sonneborn’s Empirical Analysis

Citation profile

103 federal appellate · 31 district · 160 state decisions

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 364 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Malice, it is admitted, may be inferred by the jury from want of probable cause; but the want of that cannot be inferred from any degree of even express malice.””

   8 later decisions quote this exact passage
   e.g. Stainer v. San Luis Valley Land & Mining Co. · Berger Mfg. Co. v. Huggins

2. ““it was proved that, before they commenced their suit in the Circuit Court of Barbour County, the defendants were advised by an eminent lawyer of Alabama, of twenty-five years’ standing in the profession, respecting their legal right to recover the debt from the plaintiff, that, in his opinion, the plaintiff was liable therefor. It was further testified that the same lawyer advised them that, in /his opinion, the plaintiff had rendered himself liable to involuntary bankruptcy proceedings by suffering his brother’s judgment to go against him by default, and by advertising his entire stock of goods at and below New York cost. It was not until after this advice had been given that the petition in bankruptcy was prepared and filed. “That the facts stated in the point proposed, if believed by the jury, were a perfect defence to the action; that they constituted in law a probable cause, and being such, that malice alone, if there was such, was insufficient to entitle the plaintiff to recover, — is, in view of the decisions, beyond doubt. Snow v. Allen, 1 Stark. 502; Ravenga v. Macintosh, 2 Barn. & Cress. 693; Walter v. Sample, 25 Pa. St. 275; Cooper v. Utterbach, 37 Md. 282 ; Olmstead v. Partridge, 16 Gray (Mass.), 381 . These cases, and many others that might be cited, show that if the defendants in such a case as this acted bona fide upon legal advice, their defence is perfect.” Id. at 196-97.”

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. Chicago, M. & St. P. Ry. Co. · Gladding Chevrolet, Inc. v. Fowler

3. ““The fees of counsel in prosecuting this case were no part of the consequences naturally resulting from the action of the defendants in suing out the decree and warrant in bankruptcy. They were not what the defendants ought to have foreseen. That such fees are not recoverable, and why they are not, was clearly shown in Good v. Mylin, 8 Pa. 51 .””

   1 later decision quote this exact passage · from the majority
   e.g. L. Bucki & Son Lumber Co. v. Fidelity & Deposit Co. of Maryland