2 E.H. Smith 326 - Nassoiy v. . Tomlinson’s Empirical Analysis
1896
Citation profile
15 federal appellate · 2 district · 181 state decisions
How this case has been cited
Cited by 219 later decisions (2 by the Supreme Court) — most recently December 2004 · most notably Chicago, Milwaukee & St. Paul Railway Co. v. Clark (1900), Hudson v. Yonkers Fruit Co. (1932)
15 federal appellate · 2 district · 181 state decisions — followed in 27 states
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 Fuller v. . Kemp · Jaffray v. . Davis · Ryan v. . Ward · Kromer v. . Heim · Morehouse v. . Second Nat'l B'k of Oswego
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 219 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It the claim Is unliquidated, the acceptance of a part, and an agreement to cancel the entire debt, furnishes a new consideration, which is found in the compromise. A demand is not liquidated even if it appears that something is due, unless it appears how much is due; and when it is admitted that one of two specific sums is due, but there is a genuine dispute as to which is the proper amount, the demand is regarded as ‘unliquidated,’ within the meaning of that term as applied to the subject of accord and satisfaction.””
2 later decisions quote this exact passage“The plaintiff could only accept the money as it was offered, which was in satisfaction of his demand. He could not accept the benefit and reject the condition, for, if he 'accepted at all, it was mom onere. When he indorsed and collected the check referred to in the letter asking him to sign the inclosed receipt in full, it was the same, in legal effect, as if he had signed and returned the receipt, because acceptance of the check was a conclusive election to be bound by the condition upon-which the cheek was offered. The use of the check was ipso facto an acceptance of the condition. The minds of the parties then met, so as to constitute an accord.”
1 later decision quote this exact passage“We think that the undisputed evidence shows conclusively that the offer was made in settlement of the claim and that the plaintiff so understood it, when, by using the check he accepted the offer.”
1 later decision quote this exact passage
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.