State v. Bragg’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think it would not be out of the range of fair interpretation to hold that the terms of the statute are direct-' ed rather at the use to be made of the funds loaned than to the security for the loan. We think that if the loan is made to secure funds for the personal use of the borrower or his family,. it is a personal loan without regard to the nature of the security, excluding loans on realty mortgages in this respect. If it is to raise money to be used in business or trade, agriculture, or possibly industry, it is not a personal loan. Industrial loans, as used in the statute, may have reference to methods akin in that respect to industrial insurance, 44 C.J.S., Insurance, § 20, page 480, but not meaning loans to be used to finance industry. But we are not here called upon to make a definite interpretation of that feature of the statute. “Our views would exclude from the statute those lenders who loan only for business or trade, or for agricultural or industrial purposes, unless they are secured by transfer of wages or are on the industrial plan, and would include only those who lend for the personal and family uses of the borrower without regard to whether the loan is secured by collateral, chattel mortgage, or personal indorsement, and would include those secured by transfer of wages or are on the industrial plan. We believe the legislature was more concerned with taxing lenders of money for personal uses than for business purposes.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Woodham

2. ““§ 495. 1. Each person engaged in discounting or buying conditional sales contracts, drafts, acceptances, notes or mortgages on personal property shall pay an annual license as follows: Employing capital of — $50,000.00 or less * * * $5.00; $50,000.00 to $100,000.-00 * * * $10.00; $100,000.00 to $150,000.00 * * * $15.00; $150,-000.00 to $300,000.00 * * * $25.00; $300,000.00 to $500,000.00 * * * $100.00; $500,000.00 and up * * * $300.00, the payment of which shall be sufficient to engage in business in any county of the state except county in which principal office is located in which case county licenses shall be one-half of the above schedule. 2. Each person engaging in business of lending money on salaries or making industrial or personal loans shall pay an annual license of one hundred dollars for each county in which they engage in business.””

   1 later decision quote this exact passage
   e.g. State v. Woodham