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← 252 Mont. 397 - Davey v. Nessan

Davey v. Nessan’s Empirical Analysis

1992

Citation profile

5
cited by 5 later decisions
2
states following
May 2013
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently May 2013

5 state decisions

20199220002010decided

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 Story v. City of Bozeman · Nicholson v. United Pacific Insurance · Massey-Ferguson Credit Corp. v. Brown · Thompson v. Lincoln National Life Insurance · 56 Wis. 2d 145 - Peterson v. LaMay

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

  1. “(1) Unless the language or the circumstances indicate the contrary, as in an assignment for security, an assignment of "the contract” or of "all my rights under the contract” or an assignment in similar general terms is an assignment of the assignor's rights and a delegation of his unperformed duties under the contract. (2) Unless the language or the circumstances indicate the contrary, the acceptance by an assignee of such an assignment operates as a promise to the assignor to perform the assignor’s unperformed duties, and the obligor of the assigned rights is an intended beneficiary of the promise. Caveat: The Institute expresses no opinion as to whether the rule stated in Subsection (2) applies to an assignment by a purchaser of his rights under a contract for the sale of land.”
    1 later decision quote this exact passage · from the majority

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.