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← 230 Mich. 15 - Burroughs Adding MacHine Co. v. Wieselberg

Burroughs Adding MacHine Co. v. Wieselberg’s Empirical Analysis

1925

Citation profile

36
cited by 36 later decisions
5
states following
December 2014
most recently cited

8 federal appellate · 1 district · 21 state decisions

How this case has been cited

Cited by 36 later decisions — most recently December 2014 · most notably Alikasovich v. Manufacturers National Bank of Detroit (1960), Munz v. National Bond Investment Company (1932)

8 federal appellate · 1 district · 21 state decisions

1701925193019401950196019701980199020002010decided

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 Atkinson v. Japink · Young v. Phillips · Young v. Phillips · National Cash Register Co. v. Paul · Perkins v. Grobben

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““If an instrument presents a ease of security in the nature of a chattel mortgage, then it is to be held, when rights of third parties intervene, to come within the law relating to the recording of such an instrument. The question turns upon whether an instrument, with rights and remedies thereunder, express or implied or by operation of law, provides security for the unconditional payment of an obligation assumed with reference to chattels. * * * If the seller is not limited to right to retake the property and retain the payments made, but after reclamation may enforce payment of the remainder of the full agreed price, and the instrument is so worded as to permit this to be done, then the courts will recognize the instrument for what it is in fact and law, security in the nature of a chattel mortgage. If the title is retained as security for the payment of the full price, and the obligation to further pay is not abated by a retaking of the property and retention of partial payments, then it is not a pure conditional sale, but an undertaking in the nature of a chattel mortgage. Instruments giving the seller -the rights and remedies of a mortgagee against the buyer and chattels the subject of sale, if rights of third persons do not intervene, but so colored as to be employed in support of a claim of conditional sale only, when rights of third persons do intervene, are ah initio instruments in the nature of a chattel mortgage. If sellers will state in the instruments the limita”
    3 later decisions 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.