Champion v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 48 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Courts of equity will decree the specific performance of a general covenant to indemnify, although it sounds in damages only, upon the same principle that they will entertain a hill quia timet; and this nor only at the instance of the original covenantee, hut of his executors and administrators. Thus, whore a party has assigned several shares of the excise to A, and the latter covenanted to save the assignor harmless in respect to that assignment, and. to stand in his place, touching the payments to the king and other matters, and afferwards the king sued the assignor for money which the assignee ought to have paid, the court decreed that the agreement should bo specifically performed, and referred it to a master, and directed Hud, toties quo ties any breach should happen, he should report the same especially to the court, so that (he court might. if there should ho occasion, direct a trial at law in a quantum damnifleatus. The court further decreed that the assignee .should clear the assignor from all these suits and incumbrances within a reasonable time. The case was compared to that of a counter bond, where, although Hie surety is-not molested or troubled for the debt, yet, after the money becomes payable, the court will decree the principal to pay it.””

   1 later decision quote this exact passage
   e.g. Central Trust Co. v. Louisville Trust Co.