Hester v. Ross’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule is that a surety or guarantor is discharged by a material alteration or modification of the contract between the debtor and creditor, without such surety or guarantor’s consent. Straus-Frank Co. v. Hughes, 138 Tex. 50 , 156 S.W.2d 519 . But the burden is on the surety or guarantor to plead and prove modification or alteration without his consent, in order to be entitled to discharge from liability. The burden is not on the creditor to plead and prove that the surety consented to the modification, but on the surety to plead and prove that he did not consent thereto. General Bonding & Casualty Ins. Co. v. Beckville Independent School Disk, Tex.Civ.App., er. ref., 156 S.W. 1161 ; Southland Life Ins. Co. v. Stewart, Tex.Civ.App. n.w.h., 211 S.W. 460 ; Reed v. Roark, 14 Tex. 329 ; 53 Tex.Jur.2d 658.””

   1 later decision quote this exact passage
   e.g. Reliance Insurance Co. v. Dahlstrom Corp.