Burchfield v. Haffey’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The weight of American authority, however, is in favor of allowing interest. Sutherland, in his work on Damages, says: “ ‘The penalty is the limit of liability at the time of the breach. Interest is afterward given, not on the ground of contract, but as damages for its violation, for delay of payment after the duty to pay damages for breach of the condition to the amount of the penalty had attached.’ [Citation omitted.] “In the notes to Sedgwick on Damages, it is stated: “ ‘In the case of debt on bonds for the payment of money only, it seems now settled that interest may be recovered after default, even though it exceeds the penalty, and whether the action be against principal or surety.’ [Citation omitted.] “The penalty of the bond covers the misconduct of the principal; but the interest allowed on the penalty is for the misconduct of the sureties — for the delay in payment. If the damages were paid when due, they would have earned interest.” 34 Kan. 45 .”

   1 later decision quote this exact passage · from the majority
   e.g. In re the Conservatorship of Huerta