Wong v. Beneficial Savings & Loan Ass'n’s Empirical Analysis
1976
Citation profile
2 district · 28 state decisions
How this case has been cited
Cited by 38 later decisions — most recently April 2017 · most notably Sims v. Honda Motor Co. (1993), 6 Mass. App. Ct. 610 - Financial Acceptance Corp. v. Garvey (1978)
2 district · 28 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 Capocasa v. First National Bank of Stevens Point · Berger v. Fuller · 22 Cal. App. 3d 663 - Lomanto v. Bank of America · 257 Cal. App. 2d 857 - Gates v. Crocker-Anglo Nat'l Bank
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The two Moran cases discussed ... illustrate a pair of considerations that have been dignified in other states into important determinants of whether a later loan by the same creditor will be protected by the original security. In Moran v. Gardemeyer (1889) 82 C. 96 , 23 P. 6 , where the debt was one bought up from a third party, the rationale there appears elsewhere in the form of a test concerning the relationship of the two loans to each other. If the first loan is made to enable the borrower to erect improvements on his real estate and the purpose of the second loan is only to finance more improvements on the same real estate, it is not hard to tie the two loans together under one deed of trust. But in a case such as Moran, there is so little connection between the loans that a court may easily find that the parties did not intend (either when executing the security instrument or when making the second loan) that the second loan should fall under the security. Thus Alabama has refused to let creditors sweep negligence or rent claims under their mortgages, (citations omitted) The rationale here is basically one of ejus-dem generis: The phrase ‘all other debts’ means all other debts similar to the primary debt, (citations omitted) Under such a test, items like overdraws on a checking account ... are so different in nature that they should not be included within the security unless the parties specifically describe them, (citation omitted)”
1 later decision quote this exact passagee.g. In Re Smink“enwrap the unsuspecting debtor in the folds of indebtedness embraced and secured in the mortgage which he did not contemplate.”
1 later decision quote this exact passage
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.