Marcello v. LaRocca’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We agree with the district court that the instrument declared on can be sustained neither as a contract to do nor a contract to give, — neither as a note nor as a donation. The instrument, by its very terms, shows that it was contemplated that an additional act would have to be performed in order to make it, as such, a perfected instrument. Civ.Code, arts. 1905, 1906. An instrument by which the maker engages to pay a certain sum of money on the order of the maker, which has never received the indorsement, upon the fact of which indorsement alone a promise of payment had been made, is incomplete, and in that condition coidd not, as a note, be enforced against the maker. Delivery by the maker to a particular person, even though accompanied by words indicative of a gift or donation of the same, does not stand in lieu of, is not a substitution for, nor is it the equivalent of, an in-dorsement. The situation does not correspond at all with that of the delivery by the holder of a note, to whose order it was payable, to a third person, accom panied by words of assignment. In the one case there would be a verbal assignment of a perfected thing; in the other, of a thing which would pass into the hands of the party who had received it, with something requiring still to be done to give it existence.” (Emphasis added) “We are now of the opinion that the instrument upon which this action is brought is not a promissory note, negotiable or otherwise, within the intent and meaning of Articl”

   1 later decision quote this exact passage
   e.g. Burks v. Williams

2. “but was not endorsed by the maker. The Court held that the absence of an endorsement by the maker not only prevented the instrument from being a negotiable promissory note under a specific provision of LSA-R.S. 7:184, it also prevented it from being a non-negotiable promissory note since it is the endorsement by the maker which converts the instrument to”

   1 later decision quote this exact passage
   e.g. DeRouin v. Hinphy

3. “reckoning from the day when the engagements were payable,”

   1 later decision quote this exact passage
   e.g. DeRouin v. Hinphy