176 So. 2d 581 - Michael v. Schekter’s Empirical Analysis
1965
Citation profile
2
cited by 2 later decisions
1
states following
May 1966
most recently cited
2 state decisions
Relationships
Relies on George E. Sebring Co. v. Skinner · Horner v. Horner · Smith v. Lagerstrom · Coleman v. Page's Estate · Kent v. Lampman
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.
“"The trial court found that the defenses tendered were irrelevant. The effect of his finding is a holding that as between a maker and a payee, a note which has a blank due date becomes by operation of law a demand note and any defense which would vary such a result is barred by the parole evidence rule. We think that this conclusion is not sustainable because the written portion of the note would not be varied by the defense sought to be interposed. The construction urged by appellee would in our opinion constitute a departure from the established law that an agreement, valid between the parties, may be shown in an action between the parties upon a negotiable instrument. Compare Horner v. Horner, 145 Pa. 258 , 23 A. 441 . See Smith v. Lagerstrom, 34 Cal.2d 858 , 215 P.2d 450 (1950); 11 Am.Jur.2d, Bills and Notes §§ 87, 88 (1963) and cases cited therein. See also 5 U.L.A. § 58 n. 8 (1943) and cases cited therein. "It is important that we should point out that this holding in no way intimates that a holder in due course would be subject to the defenses here attempted. "Having reached the conclusion that there are genuine issues of material fact as to whether appellee is a holder in due course, we reverse the summary final judgment and remand the cause for further proceedings.”
1 later decision quote this exact passage“It is important that we should point out that this holding in no way intimates that a holder in due course would be subject to the defenses here attempted.”
1 later decision quote this exact passage“(2) In which no time for payment is expressed.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.