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← 41 N.M. 330 - Miller v. Prince Street Elevator Co.

Miller v. Prince Street Elevator Co.’s Empirical Analysis

1937

Citation profile

21
cited by 21 later decisions
3
states following
December 1993
most recently cited

21 state decisions

How this case has been cited

Cited by 21 later decisions — most recently December 1993

21 state decisions

701937194019501960197019801990decided

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 Fuller v. . Kemp · Warren v. New York Life Ins. Co. · Frazier v. Ray · Harrison v. Henderson · Buel v. Kansas City Life Ins. Co.

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

  1. “To constitute an “accord and satisfaction” in law dependent upon an offer of the payment of money, it is necessary that the money be offered in full satisfaction of the demand or claim of the creditor, and be accompanied by such acts or declarations as amount to a condition that if the money be accepted it is to be in full satisfaction and to be of such character that the creditor is bound so to understand such offer.”
    3 later decisions quote this exact passage
  2. “In order to constitute an accord and satisfaction, it is necessary that the money should be offered in full satisfaction of the demand, and be accompanied by such acts and declarations as amount to a condition that the money, if accepted, is accepted in satisfaction; and it must be such that the party to whom it is offered is bound to understand therefrom that, if he takes it, he takes it subject to such conditions.”
    1 later decision quote this exact passage
  3. ““An ‘accord’ is an agreement, an adjustment, a settlement of former difficulties, and presupposes a difference, a disagreement as to what is right. A ‘satisfaction’ is a performance of the terms of the accord; if such terms require a payment of a sum of money, then that such payment has been made.””
    1 later decision quote this exact passage

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.