Phelps v. Mayers’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defense is that the action was prematurely brought; defendant maintains that the instruments in suit do not provide that the principal of the debt shall become due on default in payment of interest, and hence that a foreclosure for both principal and interest was unwarranted. The note and mortgage, however, must be construed together; interest on the note is payable semi-annually, and the mortgage is clear that upon default in the payment of the interest, equally with default in the payment of the principal, the mortgagee may cause the premises to be sold and retain from the proceeds ‘the said principal and the interest’; there is scarcely room for interpretation in these provisions; they support the action for the amount of the note, both principal and accrued interest. (Brickell v. Batchelder, 62 Cal. 623; Maddox v. Wyman, 92 Cal. 674 [ 28 Pac. 838 ].) ””

   1 later decision quote this exact passage
   e.g. 122 Cal. App. 432 - Kuster v. Parlier

2. ““But in case default be made in the payment of the said principal or interest as herein provided, then ‘the mortgagee is’ hereby empowered to sell the said premises ... or any part thereof, in the manner prescribed by law, and out of the money arising from such sale to retain the said principal and interest, together with the costs and charges ... of suit for foreclosure, including counsel fees at the rate of fifteen per cent upon the amount which may be found to be due.””

   1 later decision quote this exact passage
   e.g. 89 Cal. App. 558 - Mercantile Trust Co. v. San Joaquin Agricultural Corp.