Pierce v. Merrill’s Empirical Analysis
1900
Citation profile
2 district · 30 state decisions
How this case has been cited
Cited by 36 later decisions — most recently August 2016 · most notably Cooke v. Mesmer (1912), 21 Cal. App. 462 - Melander v. Western National Bank (1913)
2 district · 30 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 Brown v. . Curtiss · Carpentier v. City of Oakland · Sublette v. Tinney · Adams v. Wallace · Smith v. Richmond
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A conditional guaranty imports the happening of some contingency other than the default of the principal debtor. The usual form of the conditional guaranty is an undertaking whereby tfie guarantor is liable for the principal’s default in case the satisfaction of the principal obligation cannot with reasonable diligence he obtained from the principal. An absolute guaranty of payment differs from a conditional guaranty against loss as the result of nonpayment of a debt in that in the first case the liability of the guarantor is fixed by the failure of the principal debtor to pay at maturity, while in the second the contract is in the nature of a guaranty of collection, no liability being incurred until after, by the use of due diligence, the guarantee has become unable to collect the debt from the principal debtor.” 12 Ruling Case Law, § 13, p. 1064.”
1 later decision quote this exact passage“,“To hold that payment was not to be made by defendants until after a foreclosure of the mortgage would be to ignore their agreement that payment should be made ‘at the times and according to the terms of said note and mortgage.’ ””
1 later decision quote this exact passage““A guaranty is to be deemed unconditional unless its terms import some condition precedent to the liability of the guarantor.””
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.