Fireman's Fund Insurance v. Joseph J. Biafore, Inc.’s Empirical Analysis
526 F.2d 170 · 1975
Citation profile
7 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 1999 · most notably Tokarcik v. Forest Hills School District (1981), Lazy Oil Co (1999)
7 federal appellate · 1 district · 5 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 Catlin v. United States · Cobbledick v. United States · Gillespie v. United States Steel Corp. · Palmgreen v. Palmer's Garage, Inc. · American Bank of Commerce v. Covolo
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'one whereby the guarantor agrees to pay or perform a contract on default of the principal without limitation. It is an absolute undertaking to pay a debt at maturity or perform an agreement if the principal does not pay or perform.’ ” Fireman's Fund Ins. Co. v. Joseph J. Biafore, Inc., 526 F.2d 170, 174 (3d Cir.1975) (quoting Continental Leasing Corp. v. Lebo, 217 Pa.Super. 356, 363 , 272 A.2d 193 , 197 (1970)); see also Security Pacific Nat’l Trust v. Philadelphia Auth. for Indus. Dev., No. 88-3637, 1990 WL 156595 , at (E.D.Pa. Oct. 9, 1990) (”
2 later decisions quote this exact passage · from the majority““In the instant case, however, the Etelsons by agreeing to the broad language of the endorsement limited the protection to which they might have otherwise been entitled under the UCC. It is clear from the express wording of the endorsement that the Bank could have released the collateral at any time without notice to the Etelsons and without the release affecting the Etelsons’ obligation to pay. It would be illogical to rale that the Bank had a duty to file the financing statement and its failure to do so released the endorsers, when under the endorsement it could have released the collateral with impunity.””
1 later decision quote this exact passage · from the majority“. . . a creditor who [was] a party to an unconditional guaranty contract and who additionally [held] a security interest, . . . not [to be] under an affirmative duty to preserve the collateral.”
1 later decision quote this exact passage · from the majority
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.