Schwemler v. Foote’s Empirical Analysis

Citation profile

6 federal appellate ·

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

1. ““If so provided by any written agreement with the borrower, a factor shall have a continuing lien upon all merchandise of the borrower generally described in such agreement, or any separate written statements thereafter signed by the borrower and delivered to the factor * * * and upon any accounts receivable or other proceeds resulting from the sale or other disposition of such merchandise * * Section 514.88 states: * * * * unless the factor and the borrower shall agree otherwise, the delivery * * * of a written agreement * * * designating the merchandise which will be subject to the lien, shall operate as an assignment of the accounts receivable which will result from the sale or other disposition of such merchandise * * *.” The Factor’s Lien Agreement stated: “The Factor’s continuing lien upon said merchandise shall extend to any and all goods received in exchange therefor and to any and all moneys, accounts receivable or other proceeds resulting from the sale or other disposition of such merchandise, or of any goods received in exchange therefor, whether or not such exchange or disposition is herein authorized, and upon all goods wholly or partially processed of which any such merchandise, or any goods received in exchange therefor, shall have become a component part.””

   1 later decision quote this exact passage
   e.g. Solomon v. Northwestern State Bank