Davis Watertown v. Richards’s Empirical Analysis

Citation profile

1 district · 58 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ If the guaranty is signed by the guarantor without any previous request of the other party, and in his absence, for no consideration moving between them except future advances to be made to the principal debtor, the guaranty is, in legal effect, an offer or proposal on the part of the guarantor, needing an acceptance by the other party to complete the contract.””

   7 later decisions quote this exact passage
   e.g. Barnes Cycle Co. v. Reed · Hall v. Weaver

2. ““For value received, we hereby guarantee to the Davis Sewing Machine Company of Watertown, N. Y., the full performance of the foregoing contract on the part of John W. Poler, and the payment by said John W. Poler of all indebtedness, by account, note, indorsement of notes (including renewals and extensions) or otherwise, to the said Davis Sewing Machine Company, for property sold to said John W. Poler, under this contract, to the amount of three thousand ($3,000) dollars. Dated Washington, D. C, this 17th day of December, 1872. A- Roth well, A. C. Richards.””

   1 later decision quote this exact passage
   e.g. Asmussen v. Post Printing & Publishing Co.

3. “‘ ‘ The guarantors had no notice that their sufficiency had been approved, or that their guaranty had been accepted, or even that the original contract had been executed or assented to by the plaintiff, until long afterward, when payment was demanded of them for goods supplied by the plaintiff to the principal debtor.””

   1 later decision quote this exact passage
   e.g. Rothchild Bros. v. Lomax