Deardorff v. Foresman’s Empirical Analysis
1865
Citation profile
41 state decisions
How this case has been cited
Cited by 43 later decisions — most recently May 1942 · most notably Pawling v. The United States (1808), Hunter v. First National Bank (1909)
41 state decisions — followed in 15 states
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 Pawling v. The United States · Putnam v. Sullivan · Greenvault v. President of the Farmers & Mechanics' Bank · Lawton v. Fitchburg Railroad · Bibb v. Reid
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Here the representative of the government had notice, on the face of the instrument, that the same was not complete, not having been executed by all the parties whose names appeared .upon its face as co-obligors. To have held this delivery of the instrument obligatory upon the parties, when the writing itself proved -the execution to be incomplete, would have been in contradiction of its express terms.” *”
1 later decision quote this exact passage · from the majoritye.g. Allen v. Marney““The surety places the instrument, perfect upon its face, in the hands of the proper person to pass it to the obligee, and the law justly holds that the apparent authority with which the surety has clothed him shall be regarded as the real authority, and as the condition imposed upon the delivery was unknown to the obligee, therefore, the benefit of such condition shall not avail the surety.””
1 later decision quote this exact passage · from the majority““ The case cited from 11 Verm, was where the names of seven sureties appeared upon the face of the bond, and only two of the sureties ever executed the same. The instrument was plainly incomplete until executed by all those whose names appeared as parties.””
1 later decision quote this exact passage · from the majoritye.g. Allen v. Marney
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.