Bills v. Silver King Mining Co.’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 21 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no particular form of demand is necessary” and an inquiry regarding payment was sufficient to start the statute of limitations running). 4 . Appellant Gerardus Fernandez, a California resident and Chase depositor, was a U.S. serviceman stationed in South Vietnam at the time of the bank’s closure. Drawing inferences in his favor, we must assume he was a citizen of California when the cause of action accrued, so he benefits from the citizen of the state exception to Cal.Civ.Proc.Code § 361. For the reasons expressed in Section III.B, his claims are, nevertheless, time-barred. 5 . In fact, the banks have spent considerable time and energy arguing erroneously that Vietnamese law cannot and should not apply. 6 . That rule provides: If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either: (a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or (b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice. Cal. Evid.Code § 311. We can discern no reason that the "ends of justice”

   1 later decision quote this exact passage
   e.g. Lien Huynh v. Chase Manhattan Bank