Bartolotta v. Calvo’s Empirical Analysis
1930
Citation profile
7 federal appellate · 54 state decisions
How this case has been cited
Cited by 63 later decisions — most recently January 2012 · most notably Griffin v. Nationwide Moving & Storage Co. (1982), Tough v. Ives (1972)
7 federal appellate · 54 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 Loomis v. Norman Printers Supply Co. · City of Bridgeport v. Aetna Indemnity Co. · Guiel v. Barnes · Reed v. Holcomb · Wolthausen v. Trimpert
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the promise is on a sufficient consideration moving between the immediate parties to it, and from which the promisor is to derive a benefit, in view of which the promise is made, it then becomes a new and independent contract existing entirely between the immediate parties to it. The benefit which the original debtor may derive from it is incidental, and in no respect the object of the parties, and ought not therefore to affect the validity of their contract.”
2 later decisions quote this exact passage“Fundamentally the distinction between a contract which falls within the condemnation of the statute of frauds and one which does not is that the former is a collateral undertaking to answer in case of a default on the part of the obligor in the contract, upon whom still rests the primary liability to perform, whereas in the latter the obligation assumed is a primary one that the contract shall be performed.”
2 later decisions quote this exact passage“. . . the best approximation to certainty . . .”
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.