Stewart v. Barnes’s Empirical Analysis

Citation profile

34 federal appellate · 17 district · 54 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 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general principle is, that where the principal subject of a claim is extinguished by the act of the plaintiff, or of the parties, all its incidents go with it. * * * This is •an action of debt on a bond to recover the interest, the principal having been paid by the defendant before the bringing of the action; by that payment, the bond was discharged, and by analogy to the eases referred to the plaintiff cannot recover the interest, whieh is but an incident to the principal.””

   2 later decisions quote this exact passage · from the majority
   e.g. Pacific Railroad v. United States · P. W. Brooks & Co. v. North Carolina Public Service Co.

2. “[w]hen he who has [the] right [to compel payment] commences an action for its enforcement, he at the same time acquires a subordinate right, incident to the relief which he may obtain, to demand and receive interest. If, however, the principal sum has been paid, so that, as to it, an action brought cannot be maintained, the opportunity to acquire a right to damages is lost.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bank One, West Virginia, St. Albans, N.A. v. United States Fidelity & Guaranty Co. · Skretvedt v. E.I. DuPont de Nemours

3. ““No evidence was introduced to show the nature of the protest made, but it was unnecessary to prove more than that the payment was made under ‘protest’ which was admitted by the plea.””

   1 later decision quote this exact passage · from the majority
   e.g. Kahn v. Herold