Carmichael v. Rice’s Empirical Analysis
1945
Citation profile
8 federal appellate · 2 district · 24 state decisions
How this case has been cited
Cited by 37 later decisions — most recently September 1997 · most notably Bisno v. Sax (1959), Comer v. Hargrave (1979)
8 federal appellate · 2 district · 24 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 Parker v. Mazur · Curtis v. Speck · Beckham v. Scott · Stalder v. Riverside Groves Etc. Water Co. · Henderson v. Foster
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We will give the clause that construction which makes sense, avoiding that which makes none. And that is to say that under the clause in question there must be some exercise of the option, some affirmative act skowing an intent to elect to accelerate; and that the additional clause “without demand or notice” means, simply, that the holder may exercise such option without giving to the maker any notice of such intention and without demand for the payment of the unpaid balance which would thus be accelerated. As [defendant] argues, this of course does not mean that the holder can exercise the option by some secret mental process on [his or] her part not evidenced by some form of affirmative action, such as by bringing suit thereon, or say, by entering the entire unpaid balance as immediately due and payable upon [his or] her books of account. It is imperative that some act, signifying an intention to accelerate must appear[.]”
1 later decision quote this exact passage“An intention to make the note optional with the holder, that is to require that [he or] she must by some affirmative act accelerate the payments, might have been more clearly expressed; yet we agree with the trial court that this right was an optional one and the payments did not become automatically accelerated, without some affirmative act on [his or] her part.”
1 later decision quote this exact passage“If any installment of this note, either principal or interest, is not paid at the time and place specified herein, and shall remain unpaid for thirty days or longer, the entire amount unpaid, on this note shall, at the option of the holder of this note and without demand or notice, be due and payable forthwith.”
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.