Ives v. Williams’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled in the law of guaranty that when the guarantor enters upon an absolute guaranty, the creditor is under no obligation to first endeavor to collect from the debtor, nor is he under obligation to give notice to the guarantor of default on the part of the primary debtor. When the guaranty is absolute, as in this case, whether the contract of guaranty covers the performance of an act or the payment of money at a definite time, the liability of the guarantor is distinguished from a mere guaranty of solvency or collectibility, which is conditional in its nature or which may arise out of a continuing guaranty.”

   1 later decision quote this exact passage · from the majority
   e.g. Twyford v. Askew

2. “The guaranty . . . is unquestionably an absolute guaranty. . . . (T)he performance of that act is guaranteed by Herbert without any condition of any character being annexed to it. . . . Immediately upon the failure of Ives to perform his contract . . ., there has been failure of performance of the act which Herbert has guaranteed should be performed, and his liability for the failure to perform arises at once and unconditionally. An absolute guaranty is . . . one by which the guarantor unconditionally promises payment or performance of the contract on default of the principal debtor . . .”

   1 later decision quote this exact passage · from the majority
   e.g. Colonial American National Bank v. Kosnoski