Kayser v. Gorman’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In support of the finding of the trial court that the guaranty of Gorman was his individual act, and not the act of the partnership, the respondent relies upon the written instrument signed by Gorman in his individual name. It contains his individual promise, ‘I hereby guarantee the payment of the within obligation’, and is signed ‘A. W. Gorman’. The presumption is that a written instrument deliberately executed expresses the intention of the parties, [Cases.] This presumption should prevail unless the evidence offered to show a contrary contention is clear and convincing. It is for the trial court to determine if this presumption has been overcome (2 Cal.Jur. 933, 934). Evidently the trial court was not of the opinion that this presumption had been overcome by the evidence of the appellant, and as this question was for the determination of the trial court, its decision must be considered final.” (See, also, Meyer v. Hegler, 121 Cal. 682 [ 54 P. 271 ].)”

   1 later decision quote this exact passage
   e.g. Bank of America National Trust & Savings Ass'n v. Kumle