Eggleston v. Plowman’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the usual rule, in the absence of an express agreement otherwise, that payment by draft or cheek is conditional payment only, ripening into absolute payment when the draft or check is in fact paid. These propositions are conceded by appellant, but he undertakes to apply to the defendant as a public official the same rule that would obtain between private individuals, and to maintain that the draft, although conditional payment only when offered, yet, having been retained by the defendant instead of being refused and returned, defendant’s want of diligence in presenting it for payment operates to extinguish plaintiff’s obligation. “We are of the opinion that this rule, applicable between private individuals, cannot govern as between an individual, whose duty it is under the law to pay his taxes and pay them in money, and a publie officer, whose duty it is to collect the taxes and collect them in money.””

   1 later decision quote this exact passage
   e.g. Fullerton Lumber Co. v. Chicago, M., S. P. &. P. R.