Durkin v. Durkin’s Empirical Analysis
1955
Citation profile
10 federal appellate · 24 state decisions
How this case has been cited
Cited by 38 later decisions — most recently February 2017 · most notably 57 Cal. App. 4th 1334 - Tsemetzin v. Coast Federal Savings & Loan Ass'n (1997), 144 Cal. App. 2d 310 - H. S. Mann Corp. v. Moody (1956)
10 federal appellate · 24 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 Ex parte Davis · Corn Exchange Nat Bank Trust Co Philadelphia v. Klauder · Oil Workers International Union v. Superior Court · Smitton v. McCullough · Bagley v. Ward
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The expression ‘outstanding and open account’ has a well-defined and well-understood meaning. In legal and commercial transactions it is an unsettled debt arising from items of work and labor, goods sold and delivered, and other open transactions, not reduced to writing, and subject to future settlement and adjustment. It is usually disclosed by the account books of the owner of the demand, and does not include express contracts or obligations which have been reduced in writing, such as bonds, bills of exchange, or promissory notes.””
2 later decisions quote this exact passage“was designed to facilitate non-notification financing of accounts receivable by substituting the filing requirements of section 3019 for the former requirement that each customer-debtor be notified of the assignment.”
1 later decision quote this exact passage“An express contract, which defines the duties and liabilities of the parties, whether it be oral or written, is not, as a rule, an open account.”
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.