Guy Irvine v. Nathaniel a Lowry’s Empirical Analysis
39 U.S. 293 · 1840
Citation profile
8 federal appellate · 9 district · 8 state decisions
How this case has been cited
Cited by 48 later decisions — most recently June 2013 · most notably Alexander Marshall v. The Baltimore and Ohio Railroad Company (1853), City of New Orleans v. Whitney Whitney (1891)
8 federal appellate · 9 district · 8 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 Strawbridge v. Curtiss · Bank of the United States v. Deveaux · Hugh Wallace v. Mary Wormley · Corporation of New-Orleans v. Winter · Browne v. Strode
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nothing then, remains hut to ascertain from the record, as certified, whether the bank is the real plaintiff, for, if they are not, then, as Irvine is admitted to be u. citizen of Pennsylvania, and Lowry, of Now York, the jurisdiction is undoubted. The paper upon which the suit is brought is not negotiable by the usage or custom of merchants. * * * The bank, therefore, cannot sue in their own name, in virtue of the indorsement of Irvine in blank, nor could they so sue it if it were specially indorsed to them, because the legal right of action would still remain in Irvine, though the equitable interest in the thing promised may have passed to the bank. * * * Standing as such to the bank, their rights are derivative through him, and as the indorsement passes only an equity the legal interest is in him. He is the real plaintiff in a court of law, in which the legal rights alone can be recognized.””
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.