Krebs v. Bezler’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the question is looked at from the standpoint of the surety’s right of action, it is quite a plain one. His right of action, as a matter of course, is the foundation upon which he must recover. His right to subro-gation is merely an aid to his right of action. His right of action is not based on an actual contract or promise of the principal debtor, or his co-surety, for none his been made. It is based on an implied promise, which the law raises up from principles of natural justice and right — that is, a promise which the law implies has been made to him when he becomes surety that he, the principal, will reimburse him for what he may have to pay, or, in case of a co-surety, for what he pays over his proportion, by reason of the suretyship. His right to subrogation is only one of the means of obtaining reimbursement. It is an incident to his main right. Without such obligation, there would not, of course, be a right to subrogation. So, when the obligation is no longer effective, the right to subrogation is destroyed. The statute reads that it shall not be an effective obligation unless asserted within five years. And this is true whether the right of the surety arises from an implied contract or from natural justice and equity.””

   1 later decision quote this exact passage
   e.g. Payne v. Standard Acc. Ins. Co.

2. ““As between her and the holder of the notes, she would be regarded as a maker and primarily liable thereon, but, as between her and her husband or between her and the heirs who claim under the husband, she was a surety on the note and only secondarily liable thereon.””

   1 later decision quote this exact passage
   e.g. 63 Cal. App. 2d 576 - Boggs v. Boggs