Chisholm v. Snider’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Want of consideration is not a mere burden-shifter, but is an affirmative defense (R. S. 16-108), which must be established by a preponderance of the evidence in order to defeat recovery. (Fuller v. Scott, 8 Kan. 25 .) The presumption of consideration is not a presumption of law; it is a presumption of fact. It extends to any fact which, under the situation and circumstances of the parties, might reasonably supply a consideration, and it cannot be overthrown except by proof of facts warranting the inference of no consideration of any kind.” (p. 718.) (See, also, Avery v. Lambertson, 74 Kan. 304 , 86 Pac. 456 ; and Chisholm v. Snider, 145 Kan. 573 , 66 P. 2d 606 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Carver v. Main

2. ““The want or failure in the whole or in part, of the consideration of a written contract, may be shown as a defense, total or partial, as the case may be, in an action on such contract, brought by one who is not an innocent holder in good faith.””

   1 later decision quote this exact passage · from the majority
   e.g. Palmer v. the Land & Power Co.

3. ““All contracts in writing, signed by the party bound thereby, or his authorized agent or attorney, shall import a consideration.””

   1 later decision quote this exact passage · from the majority
   e.g. Carver v. Main