Martin v. Cole’s Empirical Analysis
104 U.S. 30 · 1881
Citation profile
37 federal appellate · 2 district · 46 state decisions
How this case has been cited
Cited by 108 later decisions (11 by the Supreme Court) — most recently July 1965 · most notably Seitz v. Brewers' Refrigerating Machine Co. (1891), Burke v. Dulaney (1894)
37 federal appellate · 2 district · 46 state decisions — followed in 18 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 Davis v. Brown · Bank of United States v. Dunn · Renner v. President Directors and Company of the Bank of Columbia · Specht v. Howard
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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ The contract created by the indorsement and delivery of • a negotiable note, even between the immediate parties to it, is a commerr cial contract, and is not, in any proper sense, a contract implied by the law, much less an inchoatg or imperfect contract. It is an express contract, and is in writing, some of the terms of which, according to the custom of merchants and for the convenience of commerce, are usually omitted, but not the less, on that account, perfectly understood. All its terms are certain, fixed and definite, and, when necessary, supplied by that common knowledge, based on universal custom, which has made it both safe and convenient to rest the rights and obligations of parties to such instruments upon an abbreviation.””
1 later decision quote this exact passage · from the majority“in the absence of fraud, accident or mistake, the rule is the same in equity as at law.”
1 later decision quote this exact passage · from the majoritye.g. Ware v. Allen“cannot now be considered an open one in this court.”
1 later decision quote this exact passage · from the majoritye.g. Ware v. Allen
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.