Scholten v. Barber’s Empirical Analysis
1905
Citation profile
4 federal appellate · 32 state decisions
How this case has been cited
Cited by 39 later decisions — most recently July 2021 · most notably Forsyth v. Barnes (1907), Sauder v. Dittmar (1941)
4 federal appellate · 32 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 Crawford v. Nimmons · Crouch v. Hall · Flagg v. Geltmacher
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In this State the rule is, that as between the mortgagor and his grantee who assumes the payment of the encumbrance, the grantee becomes principal debtor and the mortgagor becomes his surety. But the mortgagee is in nowise affected by the agreement to which he is not a party. He may disregard it and bring his action against the original debtor only, or he may accept the promise made for his benefit, and, treating it as an additional remedy, bring his action against the grantee. If the agreement is accepted by the Mortgagee, each party to it is an original promisor for the payment of the encumbrance, but the contract rights of the mortgagee cannot he changed by any arrangement between the mortgagor and his grantee unless the mortgagee agrees to such change.””
1 later decision quote this exact passage · from the majoritye.g. Seeman v. Mills
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.