Armstrong v. McCluskey’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To constitute usury there must either be an agreement between the parties by which the borrower promises to pay, and the lender knowingly receives, a higher rate of interest than the statute allows for the loan or forbearance of money, or such greater rate of interest must be knowingly and intentionally “reserved, taken, or secured” for such loan of forbearance. It is essential, in order to establish the plea of usury, that there was a loan or forbearance of money and that for such forbearance there was an intent or agreement to take unlawful interest, and that such unlawful interest was actually taken or reserved.”

   1 later decision quote this exact passage
   e.g. Ryder Truck Rental, Inc. v. Kramer

2. “(4) that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.”

   1 later decision quote this exact passage
   e.g. Hartford Life Insurance Company, a Corporation v. The Title Guarantee Company, a Corporation Appeal of Walker & Dunlop, Inc., a Corporation. Hartford Life Insurance Company, a Corporation v. The Title Guarantee Company, a Corporation, Walker & Dunlop, Inc., a Corporation