Anderson v. Huff’s Empirical Analysis

Citation profile

1 federal appellate · 7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There can be no doubt that, if the last payment upon the contract to Huff was to have been in money, the petitioners’ notices would have operated as an assignment pro tanto of that money. The payment, however, was to have been in land, and the question, therefore, is presented whether the expression of the statute, ‘amount owing,’ referring to that from which the amount demanded from the owner is to be retained, is intended to comprehend other consideration than money to be paid for the building. I think that it would be entirely too narrow a construction of the statute to refer the word ‘amount’ to money only. The object of the statute, as expressed in its title, is to secure workmen and materialmen payment. As a means to that end a lien may be had upon the building and the land whereon it stands, unless there be a duly-filed written contract. If the owner takes the precaution to have such a contract, his house and land are saved from liens; but the consideration he is to give the contractor becomes liable instead thereof to the workmen and materialmen if they duly notify him of the contractor’s unpaid indebtedness to them. The statute provides that he shall retain the amount demanded ‘out of the amount owing by him’ to the contractor, and, upon being satisfied of the correctness of the demand, pay it. The word ‘amount’ is plainly used in the sense of ‘substanee,’ the legislative intent being that the value which the contractor is to have is to be reached. The word is quite”

   1 later decision quote this exact passage
   e.g. John Murtland, Inc. v. Empire Trust Co.