Giventer v. Arnow’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. ““Although this note provided that interest should be compounded quarterly, there was no provision that the loan be repaid or that interest be paid in quarterly installments. According to the terms of the instrument, no payment was due until ‘one year from date’ of execution. This, in other words, was not a case where the parties simply agreed in advance to compound interest upon default, which, in furtherance of public policy, calls for a limited sanction invalidating the compounding clause. Since no quarterly payments were ever due, the agreement to compound the interest was simply a computation device for increasing interest due upon maturity. It was as the defendants state, ‘merely a way of expressing an interest rate of 7.72%’. As indicated, this is a ‘greater sum ... than is prescribed in section 5.501’ and the note must be considered void and uncollectable (General Obligations Law § 5-511, subd. 1).” Id. 37 N.Y.2d at 308-309 , 372 N.Y.S.2d 63 , 333 N.E.2d 366 .”

   1 later decision quote this exact passage
   e.g. Kredietbank, N v. v. ESIC Capital Corp. (In Re Rosner)