De Wolf v. Johnson’s Empirical Analysis

Citation profile

16 federal appellate · 12 district · 70 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 142 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““With regard to the locality of the contract of 1815, we have no doubt that' it must be governed by the law of Rhode Island. There is nothing that can raise a question but the circumstance of its making a part or the contract that it should be secured by conveyances of Kentucky land. But the point is established that the mere taking of foreign security does not alter the locality of the contract with regard to the legal interest. Taking foreign security does not necessarily draw after it. the consequence that the contract is to ho fulfilled where the security is taken. The legal fulfillment of a contract of loan on the part of the borrower is repayment of the'money, and the security given is but the means of securing what he has contracted for, which, in the eye of the law, is to pay where he borrowed, unless another place of payment be expressly designated by the contract. No tender would have been effectual to discharge the mortgage, unless made in Rhode Island. On a bill to redeem, a court of equity would not have listened to the idea of calling the mortgagee to Kentucky in order to receive a tender.””

   6 later decisions quote this exact passage · from the majority
   e.g. Coghlan v. South Carolina Railroad · Hickox v. Elliott

2. ““The law of Rhode Island certainly forbids the contract of loan for a greater interest than 6 per cent., and so far no court would lend its aid to recover such interest. But the law goes no further; it does not forbid the contract of loan, nor preclude the recovery of the principal, under any circumstances. The sanctions of that law are the loss of the interest, and a penalty to the amount of the whole interest, and one-third of the principal, if sued for within a year. On what principle could this court add another to the penalties declared by the law itself?””

   2 later decisions quote this exact passage · from the majority
   e.g. Oates v. National Bank · In re Food Conservation Act

3. ““The contract of 1817, in which this mortgage originated, was executed in Kentucky, and had its inception in an intimation from Prentiss of a design to avail himself of the idea of usury. Upon this, De Wolf repaired to Kentucky, and Hiere instituted a new negotiation with Prentiss personally, having for its object to clear the contract from all usurious incidents, and to take security for the sum loaned, at the legal rate of interest of Kentucky, which, as well as that of Rhode Island, is six per cent. Accordingly, all the instruments of writing which appertained to the old contract were surrendered mutually, and n new mortgage given to secure the balance now sued for, the original sum having been reduced, by large actual payments, to the sum for which this mortgage was given, and which includes the same jJremises conveyed under the prior contract.””

   1 later decision quote this exact passage · from the majority
   e.g. Scott v. Fabacher