Fuller v. . Kemp’s Empirical Analysis
1893
Citation profile
16 federal appellate · 215 state decisions
How this case has been cited
Cited by 246 later decisions (2 by the Supreme Court) — most recently September 1985 · most notably 2 E.H. Smith 326 - Nassoiy v. . Tomlinson (1896), Chicago, Milwaukee & St. Paul Railway Co. v. Clark (1900)
16 federal appellate · 215 state decisions — followed in 29 states
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 Bull v. Bull · McDaniels v. Lapham · Hinkle v. Minneapolis & St. Louis Railway Co. · Messer v. Smythe
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 246 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ To make out the defense the proof must be clear and unequivocal that the observance of the condition was insisted upon, and must not admit of the inference that the debtor intended that his creditor might keep the money tendered, in case he did not assent to the condition upon which it was offered.””
2 later decisions quote this exact passage · from the majoritye.g. Lang v. Lane · Freiberg v. Moffett““The tender and the condition could not be dissevered. The one could not be taken and the other rejected. The acceptance of tlie money involved the acceptance of the condition; and the law will not permit any other inference to be drawn from the transaction. Under such circumstances, the assent of the creditor to the terms proposed by the debtor will be implied, and no words of protest can affect the legal quality of his act.””
1 later decision quote this exact passage““Where the demand is liquidated, and the liability oí the debtor is not in good faith disputed, a different rule has been applied. In such cases the acceptance of a less sum than is the creditor’s due will not of itself discharge the debt, even if a receipt in full is given. The element of a consideration is lacking, and the obligation of the debtor to pay the entire debt is not satisfied.””
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.