Loudermilk v. Casey’s Empirical Analysis
1982
Citation profile
4 federal appellate · 20 state decisions
How this case has been cited
Cited by 25 later decisions — most recently April 2015 · most notably First Indiana Bank v. Baker (1992), Briggs v. Clinton County Bank & Trust Co. of Frankfort (1983)
4 federal appellate · 20 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 160 Ind. App. 244 - Podgorny v. Great Central Insurance Co. · 181 Ind. App. 618 - Huntington Mutual Insurance v. Walker · Ruquist v. Ruquist · 181 Ind. App. 197 - Stuteville v. Downing · Boswell v. Lyon
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the absence of ambiguity, the construction of a guarantee is a question of law.”
2 later decisions quote this exact passage“"The extent of a guarantor's liability is determined by the terms of his contract. Hamilton v. Meiks, (1936) 210 Ind. 610 , 4 N.E.2d 536 ; Crouch and Son v. Parker, (1919) 188 Ind. 660 , 125 N.E. 453 ; Orange-Co., Inc. v. Brown, (1979) [181] Ind.App. [536], 393 N.E.2d 192 . The interpretation of a guaranty is governed by the same rules applicable to other contracts. American Fletcher National Bank & Trust Company v. Pavilion, Inc., (1982) Ind.App., 434 N.E.2d 896 ; Orange-Co., supra. In the absence of ambiguity, the construction of a guaranty is a question of law. Pavilion, supra; Huntington [Mutual Ins. Co. v. Walker, (1979) Ind.App., 392 N.E.2d 1182 ], supra; House v. Lesow, (1975) 167 Ind. App. 449 , 339 N.E.2d 86 . The court will construe the guaranty so as to give effect to the intentions of the parties, which it ascertains from the language of the contract in the light of the surrounding cireum-stances. The guaranty and any other contemporaneous written agreements it incorporates are construed together in order to determine the parties' intentions. Pavilion, supra; Boswell [v. Lyon, (1980) Ind.App., 401 N.E.2d 735 ], supra; Orange-Co., supra; Huntington, supra. The words of the contract are given their ordinary meaning. Orange-Co., supra; Huntington, supra. The terms of the guaranty should neither be so narrowly interpreted as to frustrate the obvious intent of the parties, nor so loosely interpreted as to relieve the guarantor of a liability fairly within their terms. ”
1 later decision quote this exact passage“The legal profession stands on the same plane with other professions in litigation involving professional fees. Proof is required of the nature of the services rendered and the reasonableness of the charge 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.