Burrus v. Cook’s Empirical Analysis
1908
Citation profile
4 federal appellate · 37 state decisions
How this case has been cited
Cited by 41 later decisions — most recently February 1952 · most notably Kithcart v. Metropolitan Life Ins. (1945), Blitz ex rel. Erickson v. Metzger (1925)
4 federal appellate · 37 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 Godden v. Kimmell · M'Crea v. Purmort · Faires v. Cockerell · Benne v. Schnecko · Rogers v. Brown
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When the question is looked at from the standpoint of the surety’s right of action, it is quite a plain one. His right of action, as a matter of course, is the foundation upon which he must recover. Hig right to subrogation is merely an aid to his right of action. His right of action is not based on an actual contract or promise of the principal debtor, or his cosurety, for none has been made. It is based on an implied promise, which the law raises up from principles of natural justice and right, that is, a promise which the law implies has been made'to him when he became surety that he, the principal, will reimburse him for what he may have to pay, or, in case of a cosurety, for what' he pays over his proportion, by reason of his suretyship. His right to subrogation is only one of the means of obtaining reimbursement. It is an incident to his main right. Without such obligation,, there would not, of course, be a right to subrogation. So when the obligation is no longer effective, the right to subrogation is destroyed. The statute reads that it shall not be an effective obligation unless asserted within five years. And this is true whether the right of the surety arises from an implied contract, or from natural justice'and equity. ’ ’”
1 later decision quote this exact passagee.g. Krebs v. Bezler“And, if the cause of action is such that it may be obviated by some exception in the statute, the facts stated in the petition should show such exception. In other words, the exception relieving plaintiff from the statute should be pleaded by him.”
1 later decision quote this exact passagee.g. Dennig v. Meckfessel
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.