Gavazza v. Plummer’s Empirical Analysis

Citation profile

1 federal appellate · 9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘It is too well settled to need any reference to authorities to show that an agent may, by the form of the promise and manner of his signature fix upon himself a personal liability.’ Haverhill Mut. Fire Ins. Co. v. Newhall, 1 Allen 130. The appellant has brought himself within this rule. The words of his undertaking ‘I will, upon demand, accept a return of his stock and refund to him the money he has paid,’ would seem to indicate, irrespective of the application of the rule, that it was his purpose and intention to become personally bound, at least to lead respondent to infer (as respondent testified) that the obligation was personal. The addition of ‘Treas.’ to his signature neither adds to nor detracts from that obligation; it is simply, as the courts say, ‘descriptio personae.’ “If it is desired to escape personal liability in the contract of an agent or other representative, the intention so to do must be expressed in clear and explicit language; otherwise, a personal obligation arises.””

   1 later decision quote this exact passage
   e.g. Schwab v. Getty