Upham v. Shattuck’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““However, appellant contends that since Clyde Shattuck has denied liability on the notes and has conveyed his property, without consideration, to the extent he has rendered himself insolvent, there has been an anticipatory breach of his contract to pay the debt evidenced by the notes, the effect of which is to accelerate the due date of the notes and authorize an action upon them at once. The doctrine sought to be applied is that of an anticipatory breach of contract. This doctrine applies to bilateral executory contracts (13 C. J. 651-655; 17 C. J. S. 973, 977; Wilson v. National Refining Co., 126 Kan. 139 , 266 Pac. 941 )—those which embody mutual and independent conditions and obligations. ‘It does not apply to mere promises to pay money, or other cases of that nature where there are no mutual stipulations.’ ( 12 Am. Jur. 973 .) To the same effect, see 13 C. J. 655; 17 C. J. S. 977, and cases cited in support of those tests (sic). No authority is cited, and our own search discloses none, which applies the doctrine to an ordinary promissory note.” (p. 968.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Cornett v. Roth · Mabery v. Western Casualty and Surety Co.