Burson v. Huntington’s Empirical Analysis

Citation profile

2 federal appellate · 41 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The case, upon the trial, stood in all respects as if the signature of the defendant had been admitted in open court. And this admission is to have at least as full effect as the clearest proof of such signature. “Now, proof of such signature, together with the fact that the note is in the hands of, and produced by, the plaintiff (the indorsement being proved as it was here), furnishes strong presumptive evidence of delivery by the maker to the payee; and this is, in fact, all the proof ordinarily given by the plaintiff of such delivery when the execution of the note is denied. It establishes a prima facie case upon this point; and it is for the defendant, if he contests the fact of delivery, to sustain his denial by proof. “The indorsement by the payee having been proved, there was, therefore, no error in allowing the note to be read in evidence.””

   1 later decision quote this exact passage
   e.g. Equitable Trust Co. v. Fisher

2. ““ As a general rule, a negotiable promissory note, like any other written contract, has no legal inception or valid existence as such until it has been delivered in accordance with the purpose and intent of the parties.””

   1 later decision quote this exact passage
   e.g. Portsmouth Savings Bank v. Village of Ashley