Murdock v. . Waterman’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The guiding and controlling consideration is that the payment must be made by a party to the obligation, or by his authorized agent. If payment by one is relied upon to take the contract out of the statute as to another, it must be shown that the party who made the payment was in fact or in law the agent of the other in respect to his liability. When the person paying is bound, those in privity with him may be bound, also.””

   1 later decision quote this exact passage
   e.g. Boughton v. Valkenburgh

2. “It is obvious that a payment by a stranger, or by a person not authorized to represent the debtor, affords no ground for assuming any admission on his part, or for inferring a new promise by him to pay the balance of the debt, and a payment not made by him or by his authority cannot, therefore, arrest the running of the statute.”

   1 later decision quote this exact passage
   e.g. Viets v. Marks

3. ““Part payment of a debt by a debtor constitutes an admission, by the' person obligated to pay, of his liability for the whole debt upon which the partial payment is made, and justifies an inference of a new promise made, at that time, to pay the portion remaining unpaid.””

   1 later decision quote this exact passage
   e.g. Burdick v. Hicks