595 So. 2d 490 - Smith v. Rials’s Empirical Analysis
1991
Citation profile
3 state decisions
Relationships
Relies on Clark v. Albertville Nursing Home, Inc. · 361 So. 2d 95 - Opelika Production Credit Ass'n, Inc. v. Lamb · 456 So. 2d 1 - Fed. Land Bank of New Orleans v. Jones · 449 So. 2d 1236 - Fendley v. Dozier Hardware Co., Inc. · 481 So. 2d 1149 - Dykes Restaurant Supply, Inc. v. Grimes
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: [[Image here]] “(3) Every special promise to answer for the debt, default or miscarriage of another.””
3 later decisions quote this exact passage““ ‘Collateral’ agreements are those in which the object of the promise is to become the guarantor of another’s debt; these are within the statute and must be in writing to be enforceable. ‘Original’ agreements are those in which the effect of the promise is to pay the debt of another, but the object of the promise is to promote some purpose of the promisor.””
3 later decisions 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.