Barnard v. Napier’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The record does not contain any evidence which conduces to show that appellant had any actual knowledge of any infirmity in the notes or defect in the title of Bauhard Brothers, or knowledge of such facts, that his taking- of the notes amounted to bad faith on his part at the time they were negotiated to him, and the court should not have submitted such issue by any institution to the jury. Mere suspicion that he knew something of the alleged frauds practiced in procuring the notes or that one or more of the notes had suffered dishonor, is not sufficient to justify the submission of such issue to the jury.””

   1 later decision quote this exact passage · from the majority
   e.g. Security Finance Company v. Thompson

2. ““A holder in due course is a holder who has taken the instrument under the following conditions: “(1) That the instrument is complete and regular upon its face. “ (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. “(3) That he took it in good faith and for value. “(4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Interstate Acceptance Corporation v. Humphress