Link v. Jackson’s Empirical Analysis

Citation profile

35 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To constitute notice -<f an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiating must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.””

   3 later decisions quote this exact passage
   e.g. Arnett v. Sanderson · Gaither v. First Nat. Bank

2. ““According to many authorities, it is ordinarily to be expected that the purchaser will testify in his own behalf that he had no actual notice of the circumstances attending the inception of the note, and the defendant will necessarily have to rely upon circumstances to impeach his title to the note. Hence, while the notice or knowledge of the purchaser in cases of fraud must be actual, it is not essential that the knowledge of plaintiff should be established by direct testimony, but, like any other fact such knowledge, may be established by circumstances and inference [citing authorities]. While neither negligence, nor knowledge of suspicious circumstances, nor failure to inquire into the consideration, will in and of itself be bad faith, such facts, when proven, may be considered by a jury in arriving at the ultimate fact of good or bad faith of the plaintiff.””

   1 later decision quote this exact passage
   e.g. Arnett v. Sanderson