Masters v. Boyes’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A ‘guaranty’' is to be deemed unconditional. unless its terms import some condition precedent to the liability of the guarantor.””

   2 later decisions quote this exact passage
   e.g. Swift & Co. v. Colvert · Abbott v. National Bank of Commerce of Tulsa

2. “[U]nder an absolute and unconditional guaranty, the duty is upon the guarantor to see that his contract of guaranty is fulfilled, and that the obligations of the principal are discharged at maturity; and in the absence of fraud which may be the proximate cause of damage to the guarantor, a lack of notice and demand, or the fact that the principal at maturity of his obligation was solvent and afterward became insolvent, does not constitute a defense that will discharge the guarantor from liability.”

   1 later decision quote this exact passage
   e.g. FIRST NAT. BANK AND TRUST v. Kissee

3. ““This rule, which is supported by the weight of both English and American authorities places the duty upon the guarantor to see that his contract of guaranty is fulfilled, and this doctrine is given voice by our Legislature in the above statute, which, in fixing the liability upon the guarantor immediately upon the default of the principal logically imposes upon him the burden of seeing that his contract of guaranty is fulfilled at maturity.””

   1 later decision quote this exact passage
   e.g. Swift & Co. v. Colvert