420 Pa. Super. 137 - Smith v. Mitchell’s Empirical Analysis
1992
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 2019
17 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 Bread Political Action Committee v. Federal Election Commission · John Watson v. State of Maryland · 326 Pa. Super. 14 - Daset Mining Corp. v. Industrial Fuels Corp. · Doris Griffith v. State of Connecticut · Sack v. Feinman
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A review of the case law reveals that the trend of the courts has been to take an equitable approach in determining interest as an element of damages. The Pennsylvania courts have also adopted this approach, and in equity cases, the award and rate of interest allowed is at the discretion of the chancellor. An examination of the cases dealing with the charge and allowance of interest will disclose many difficulties, but the decided trend of courts of law and courts of equity has been to break away from hard and fast rules and charge and allow interest in accordance with principles of equity, in order to accomplish justice in each particular case. Unless a case be found, which is a conclusive precedent, the safest and at the same time the fairest way for a court is to decide questions pertaining to interest according to a plain and simple consideration of justice and fair dealing.”
2 later decisions quote this exact passage“(a) Except as provided in Article III of this act, the maximum lawful rate of interest for the loan or use of money in an amount of fifty thousand dollars ($50,000) or less in all cases where no express contract .shall have been made for a less rate shall be six per cent per annum, (b) The maximum lawful rate of interest set forth in this section shall not ápply to: ■ (1) an obligation to pay a sum of money in an original bona fide principal amount of more than fifty thousand dollars ($50,000); (2) an unsecured, noncollateralized loan in excess of thirty-five -thousand dollars ($35,-000); or . (3) business loans of any principal amount 41 P..S, § 201”
2 later decisions 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.