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← 279 N.C. 352 - Evans v. Everett

Evans v. Everett’s Empirical Analysis

1971

Citation profile

87
cited by 87 later decisions
8
states following
January 2007
most recently cited

12 federal appellate · 41 state decisions

How this case has been cited

Cited by 87 later decisions — most recently January 2007 · most notably Nolden v. Plant Reclamation (1974), Mitchell v. Shepherd Mall State Bank (1972)

12 federal appellate · 41 state decisions

3201971198019902000decided

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 American Card Co. v. H. M. H. Co. · Safe Deposit Bank and Trust Company v. Eugene B. Berman, Trustee, in the Matter of Fernandes Welding & Equipment Service, Inc., Bankrupt · General Electric Credit Corp. v. Bankers Commercial Corp. · 98 N.J. Super. 378 - M. Rutkin Elect. Sup. Co. v. Burdette Elect. · Mid-Eastern Electronics, Inc. v. First National Bank of Southern Maryland

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

  1. “Certainly nothing in § 9-203 requires that the "security agreement" contain a "granting" clause. The § 9-402 financing statement contained all that was necessary to satisfy the § 9-203 statute of frauds as well as being sufficient evidence of the parties' intention to create a security interest in the tools and dies. No doubt the court would have upheld the security interest if the debtor had signed two pieces of paper instead of one. The § 9-402 provision that a short financing statement may be filed in place of the full security agreement was designed to simplify the operation. The Rhode Island court gives it an effect reminiscent of the worst formal requisites holding under the nineteenth century chattel mortgage acts.”
    4 later decisions quote this exact passage
  2. “there are no magic words which create a security interest,”
    4 later decisions quote this exact passage
  3. “. . . This section adopts the system of ‘notice filing.’ What, is required to be filed is . . . only a simple record providing a limited amount of information (financing statement). The financing state- merit may be filed before the security interest attaches or thereafter. . . . The notice itself indicates merely that a person may have a security interest in the collateral indicated. Further inquiry from the parties concerned will be necessary to disclose the complete state of affairs. . . .”
    2 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.