Goldsmith v. Erwin’s Empirical Analysis
183 F.2d 432 · 1950
Citation profile
6 federal appellate · 4 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 2018
6 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Farmers Federation, Inc. v. . Morris · Balentine v. . Gill · Peele v. Powell · Dozier v. . Wood
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If a debt has already been made and the party is already bound under it, and a third party comes in and promises to pay it or to assume the responsibility for it, the third party isn’t liable there, because the credit wasn’t extended on the basis of that, and that is the promise to answer for the debt, default or miscarriage of somebody else, which has to be in writing before it can be enforced. But if the person who goes before the credit is extended and says to another ‘If you will give this credit to thus and so I’ll see that it is paid’, that promise on his part to see that it is paid constitutes an original obligation on the person making the promise that ‘If you do extend credit I will see it paid’; and whatever credit is extended by virtue of that becomes binding on him because his promise to see that it is paid makes him responsible for it.””
1 later decision quote this exact passage · from the majority“No action shall be brought whereby ... to charge any defendant upon a special promise to answer the debt, default or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party charged therewith or some other person thereunto by him lawfully authorized.”
1 later decision quote this exact passage · from the majoritye.g. Ebb Corp. v. Glidden“at the time or before the debt is created,”
1 later decision quote this exact passage · from the majority
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.