Schmidt v. McKenzie’s Empirical Analysis
1943
Citation profile
2 federal appellate · 2 district · 23 state decisions
How this case has been cited
Cited by 29 later decisions — most recently March 2017 · most notably Dahmes v. Industrial Credit Co. (1961), Clark v. Otto B. Ashbach & Sons, Inc. (1954)
2 federal appellate · 2 district · 23 state decisions
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 Barns v. . Barrow · Simonson v. Grant · J. R. Watkins Medical Co. v. McCall · Board of County Commissioners v. Greenleaf · Pioneer Savings & Loan Co. v. Freeburg
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To constitute a guaranty, there must be a principal debtor or obligor. Without a principal debt there can be no guaranty.” The debtor is not a party to the guaranty, and the guarantor is not a party to the principal obligation. The undertaking of the former is independent of the promise of the latter; and the responsibilities which are imposed by the contract of guaranty differ from those which are created by the contract to which the guaranty is collateral.”
1 later decision quote this exact passagee.g. In re Harstad“A contract of guaranty, being a collateral engagement for the performance of an undertaking of another, imports the existence of two different obligations, one being that of the principal debtor and the other that of the guarantor. If a primary or principal obligation does not exist, there cannot be a contract of guaranty ... [because] there must be a principal debtor or obligor[,] [and] [w]ithout a principal debt there can be no guaranty-”
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.