Andrews v. Pond’s Empirical Analysis

Citation profile

47 federal appellate · 11 district · 43 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 158 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Generally speaking, the law of the place where the contract is to be performed is the law which governs as to its validity and interpretation. Story in his work on Conflict of Laws, § 280, says: ‘But where the contract is, either expressly or tacitly, to be performed in any other place where the general rule is, in conformity to the presumed intention of the parties, that the contract, as to its validity, nature, obligation and interpretation, is to be governed by the law of the place of performance. This would seem to be a result of natural justice.’ ””

   8 later decisions quote this exact passage · from the majority
   e.g. Coghlan v. South Carolina Railroad · London Assurance v. Companhia De Moagens Do Barreiro

2. ““The defendants allege that the contract was not made with reference to the laws of either state, and was not intended to conform to either; that a rate of interest forbidden by the laws of New York, where the contract was made, was reserved on the debt actually due; and that it was concealed under the name of exchange, in order to evade the law. Now, if this defense is true, and shall be so found by the jury, the question is not which law is to govern in executing the contract, but which is to decide the fate of a security taken upon an usurious agreement, which neither will execute? Unquestionably, it must be the law of the state where the agreement was made and the instrument taken to secure its performance. A contract of this kind cannot stand on the same principles with a bona fide agreement made in one place to be executed in another. In the last-mentioned cases the agreements are permitted by the lex loci contractus, and will even be enforced there if the party is found within its jurisdiction. But the same rule cannot be applied to contracts forbidden by its laws and designed to evade them. In such cases the legal consequences of such an agreement must he decided by the law of the place whore the contract was made. If void there it is void everywhere, and the cases referred to in Story’s Conflict of Laws, 203, fully establish this doctrine.” 13 Pet. 77 , 78, 10 L. Ed. 61 .”

   1 later decision quote this exact passage · from the majority
   e.g. George v. Oscar Smith & Sons Co.

3. “which upon the face of it-was dishonored, cannot be allowed to claim the privileges whit belong to a bona fide holder without notice.”

   1 later decision quote this exact passage · from the majority
   e.g. Parsons v. Jackson