Barringer v. . Boyden’s Empirical Analysis

Citation profile

1 district · 1 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 right of a surety to keep alive a judgment, which he has paid, by having an assignment made to a stranger for his benefit, is unquestionable. When lie advances the money, he has a clear equity (if ho desire it) to he subrogated to the rights of the creditor, and to use the creditor’s judgment for the purpose of coercing payment against the principal. Whether money advanced in such a way he an extinguishment or a purchase seems to be a question of intention. If it be paid, and nothing be said or done to show a contrary intendment, an extinguishment will be presumed; but if an assignment be made to one not a party, so as to show a purpose to keep it alive, it is sufficient. That a party defendant furnishes the money, and that; the assignment is made on a day subsequent to the advancement of the money, can make no difference, provided it was intended, at the time it was advanced, as a purchase and not as a payment.””

   1 later decision quote this exact passage
   e.g. Bank of Commerce & Trusts v. McArthur