Bowman v. Metzger’s Empirical Analysis

Citation profile

1 district · 11 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Fraud is proven in such eases when it is shown that the purchaser had notice or knowledge of defects or infirmities in the title to the paper at the time of purchase. Knowledge may be imputed either by direct proof or by evidence of a circumstantial nature, the same as any other fact. If a person is grossly negligent in the exercise of common prudence, this is a fact competent to go to the jury as evidence of bad faith, but the jury must pass upon the question whether the purchaser has acted honestly or dishonestly, and not- speculate as to his probable.diligence or negligence. Belmont Bank v. Hoge, 35 N. Y. 65 . The rule is thus established that the usefulness of com-' mereial paper may not be restricted, and yet the party taking.it is not relieved from the just obligations of the exercise of good faith.” Bowman vMetzger, 27 Or. 23 , 30, 39 Pac. 3 , 5, 44 Pac. 1090 .”

   1 later decision quote this exact passage
   e.g. Mills v. Keep

2. ““It is the policy of the law to eliminate from the consideration of the jury the question of common prudence as the measure of good faith, and with it the question of negligence, except in so far as it may be taken as indicative of bad faith.””

   1 later decision quote this exact passage
   e.g. Everding & Farrell v. Toft