Boyd v. Eikenberry’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule is thus stated: ‘For- frauds and misrepresentations of his agent within the scope of the employment, the principal is liable no less than in other cases, and this although he had no knowledge thereof, and has received no benefit therefrom.’ Boyd v. Eikenberry, Tex.Civ.App., 99 S.W.2d 701, 703 , modified by the Commission of Appeals, 132 Tex. 408 , 122 S.W.2d 1045 ; 21 R.C.L. 85. See also Commonwealth Bonding & Casualty Ins. Co. v. Meeks, Tex.Civ.App., 187 S.W. 681 , writ refused; 20 Tex.Jur. p. 97, § 62.””

   1 later decision quote this exact passage
   e.g. National Bankers Life Ins. Co. v. Watson

2. ““We cannot construe the language of this article to mean that only the person actually making the false representation can be held responsible for the fraud but is intended to include the principal where an agent makes such false representations in the scope of his employment and in the . furtherance of his master’s business. Any other construction would permit a principal to perpetrate a fraud and escape all liability therefor unless it be shown that the transaction resulted in a benefit to him.””

   1 later decision quote this exact passage
   e.g. Hughes v. Belman

3. “. “ * * * All persons making the false representations or promises and all persons deriving the benefit of said fraud, shall be jointly and severally liable in actual damages, and in addition thereto, all person’s wilfully making such false representations or promises or knowingly taking the advantage of said fraud shall be liable in exemplary damages to the person defrauded in such amount as shall be assessed by the jury, not to exceed double the amount of the actual damages suffered.””

   1 later decision quote this exact passage
   e.g. Hughes v. Belman