Bryant v. Jones’s Empirical Analysis

Citation profile

15 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ The purpose evinced, is not the assumption of the husband’s debt, or to pay it, upon the condition, that he fails to do so, as the wife would do, as a surety, but, it is a contract for the purchase of the husband’s real estate, and the promise to pay unconditionally, the husband’s debt as the purchase price. It must be assumed, upon demurrer, that the consideration for the promise, was sufficient, and the inducement for the contract. The promise was not to the creditor. The consideration for the promise was a new and different consideration from the one upon which the execution of the note was based. Hence, the promise is not one ‘to answer for the debt, default or misdoing of another,’ within the spirit and meaning of the prohibition of the statute. It seems to be a contract, so far as concerns the wife, entirely independent and unconnected with the contract between the husband and Meadors, and founded upon a substantial consideration received by her. ””

   1 later decision quote this exact passage · from the majority
   e.g. Bank of St. Helens v. Mann's Exor.