Buckingham v. Dake’s Empirical Analysis

Citation profile

4 federal appellate ·

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. ““All these provisions of the mortgage, taken together, seem to us to contemplate sales in two ways — one upon the written consent of the mortgagee or its assigns, and the other at public auction, to satisfy the trust created by the instrument. If a sale of the first character be made, the cattle being marketed, by consent of the mortgagee, prior to the full payment of the indebtedness, such marketing must have been made by Trower’s Sons at the stock yards at Kansas City, or St. Joseph, Mo., and the proceeds of such marketing must have been first applied to paying the commission of Trow-er’s Sons for selling the same. When a sale of the character last referred to in the mortgage is made there does not seem to be any provision for paying a commission to Trower’s Sons. We are unable to construe this mortgage so as to create a lien upon the cattle conveyed by it in favor of Trower’s Sons, except, possibly, in the case where they are marketed by consent under the circumstances already pointed out. In the next place it is clear that, if the indebtedness secured by the mortgage had been paid at its maturity, there could not have been any claim for commission. The cattle would have been released from the obligation of the mortgage upon such payment. It is also equally clear, construing the whole mortgage together, that there could have been no claim for a commission if the mortgagee, its successors or assigns, had been required to make a sale of the mortgaged property, pursuant to th”

   1 later decision quote this exact passage · from the majority
   e.g. State Nat. Bank v. Cudahy Packing Co.

2. ““This act, as it appears on its face, does not embrace, within its exceptions to the jurisdiction of those courts, suits by an assignee upon claims like the demand in controversy. The exceptions, aside from suits on foreign bills of exchange, are limited to suits on promissory notes and other choses in action, where the demand sought to be enforced is represented by an instrument in writing, payable to bearer, and not made by a corporation; the words following the designation of choses in action indicating the manner in which they are to be shown. They must be such as arise upon contracts of the original parties, and not founded, like the one in controversy, upon a trespass to property.””

   1 later decision quote this exact passage · from the majority
   e.g. Utah-Nevada Co. v. De Lamar