United States v. Western Contracting Corporation’s Empirical Analysis
341 F.2d 383 · 1965
Citation profile
15 federal appellate · 3 state decisions
How this case has been cited
Cited by 31 later decisions — most recently November 2013 · most notably Calcasieu-Marine National Bank v. American Employers' Insurance (1976), United States Wulff v. Cma Inc (1989)
15 federal appellate · 3 state decisions
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 Clifford Macevoy Co v. United States · Henningsen v. United States Fidelity & Guaranty Co. · Fleisher Engineering & Construction Co. v. United States ex rel. Hallenbeck · Hardaway v. National Surety Co. · United States Noland Co v. Irwin
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 2. THIS BOND DOES NOT COVER: * -X- * -X- (e) loss resulting from complete or partial non-payment of, or default upon, (1) any loan or transaction in the nature of, or amounting to, a loan made by or obtained from the Insured, or (2) any note, account, agreement or other evidence of debt assigned or sold to, or discounted or otherwise acquired by, the Insured whether procured in good faith or through trick, artifice, fraud, or false pretenses unless such loss is covered under Insuring Agreement (A), (D) or (E); or loss resulting from payments made or’ withdrawals from any depositor’s account by reason of uncollected items of deposit having been credited by the Insured to such account, unless [emphasis added] such payments are .made to, or withdrawn by such depositor or representative of such depositor who is within the office of the Insured at the time of such payment or withdrawal ....”
1 later decision quote this exact passage · from the majority“'It is our opinion that although the extension of credit or the allowance of the privilege of writing checks before final clearance of the deposited check is not a formal loan evidenced by a note with agreed interest and possibly some collateral, it is a transaction in the nature of a loan, perhaps more properly termed an advance of money.'”
1 later decision quote this exact passage · from the majority“`It is the generally accepted view that one who loans or advances money to another for the purpose of meeting a payroll and paying for supplies cannot sue a surety who has guaranteed payment to those furnishing labor and material.'”
1 later decision quote this exact passage · from the majority
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.