Fulton v. Edge’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * He is entitled to pursue his subrogation rights as guarantor by virtue of having paid the obligation of Edge to the bank. Those rights are neither derived from nor dependent on the equipment lease contract or its assignment to him by the creditor bank. They result from payment. Having discharged the obligation of Edge under his liability as guarantor, Fulton is entitled to pursue his action for reimbursement against Edge as the principal obligor. 27 Tex.Jur.2d Guaranty, Sec. 58, p. 325; 38 Am.Jur.2d, Guaranty, Sec. 127, pp. 1135, 1136 ; 38 C.J.S. Guarty § 111. See 53 Tex.Jur. 20, Suretyship, Sec. Ill, p. 673. The issues under this alternative cause of action and subject matter were not determined or involved in the prior suit, and as to them the dismissal judgment is not res judicata. See Fox v. Kroeger, 119 Tex. 511 , 35 S.W.2d 679 , 77 A.L.R. 663 ; Connoly v. Hammond, 58 Tex. 11, 21 ; State v. Clark, 161 Tex. 10 , 336 S.W.2d 612 ; City of Lubbock v. Stubbs, 160 Tex. 111 , 327 S.W.2d 411, 414 ; James v. James, 81 Tex. 373 , 16 S.W. 1087 .” Fulton v. Edge, 435 S.W.2d 263 (Tex.Civ.App., Waco 1968, writ ref’d n.r.e.).”

   1 later decision quote this exact passage
   e.g. Fulton v. South Oak Cliff State Bank