Ferris v. Wilcox’s Empirical Analysis

Citation profile

13 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. ““The controversy thus stated is not one which necessarily must be determined upon the face of the papers. If it was, the plaintiffs would unquestionably be entitled to retain their judgment. By the contract, the defendant appears to be purchaser, not mortgagor; and the surrender or cancelment of the notes would indicate payment and the determination of the relation of debtor and creditor. But these facts are not conclusive. All contracts are to be read in the light of the surrounding-, circumstances, which are sometimes quite as significant as the words themselves, and we interpret the words by placing ourselves. as nearly as possible in the position occupied by the parties when they made use of them to evidence their intent.””

   1 later decision quote this exact passage
   e.g. Gibbons v. Joseph Gibbons Consolidated Mining & Milling Co.

2. ““ If, upon the face of the papers, examined in the light of surrounding facts, there were any doubt of the intent, the law, taking notice of the advantage the creditor must always have over his debtor whose property hie holds in mortgage, would give the debtor the benefit of the doubt, and hold his equity of redemption to be still existing.””

   1 later decision quote this exact passage
   e.g. Williams v. Bolt