Fischer v. Tuohy’s Empirical Analysis

Citation profile

2 federal appellate · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When Gen. Leake, acting for the appellee, paid to Dreyer & Co. the money of appellee and received the $30,000 note, a lien at once attached on the property described in the mortgage in favor of the appellee. Dreyer & Co. then held the $20,000 note, now owned by appellant as the agent of Luetgert, to be sold by them for his benefit. They held also the mortgage drawn to secure the payment of such note, but the note was in the hands of Dreyer & Co. as agents of Luetgert, the maker, to be sold for the benefit of tiie maker. It had not been sold, and as between Luetgert, the maker, and Hissen, the payee, and appellee, no lien had attached, for the reason there was no indebtedness to Hissen to be secured by the mortgage. A debt or mortgage obligation of some character is an essential element in a transaction to create the relation of mortgagor and mortgagee. (Freer v. Lake, 115 Ill. 662 .) The payment of appellee’s money to Dreyer & Co. for Luetgert created the relation of mortgagor and mortgagee between appellee and Luetgert, and the lien of the mortgage securing the note purchased by appellee at once attached to lot one. Ho lien then existed in favor of Hissen, as to the $20,000 note, 'which he could have enforced against appellee. As between appellee and Hissen the lien in favor of appellee ivas paramount.” 186 Ill. 143, 148 .”

   1 later decision quote this exact passage · from the majority
   e.g. Schaeppi v. Glade