Bollinger Corporation Bigler’s Empirical Analysis
Citation profile
5 federal appellate · 3 district · 11 state decisions
How this case has been cited
Cited by 100 later decisions — most recently September 2014 · most notably Submicron Systems Corporation v. Kb II Lp (2006), Caster v. United States (In Re Caster) (1987)
5 federal appellate · 3 district · 11 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 American Card Co. v. H. M. H. Co. · Nolden v. Plant Reclamation · In the Matter of Numeric Corp Appeal of Russell E Blank · Shelton v. Erwin · Universal Medical Services Inc Kutcher
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the parties have neglected to sign a separate security agreement, it would appear that the better and more practical view is to look at the transaction as a whole in order to determine if there is a writing, or writings, signed by the debtor describing the collateral which demonstrates an intent to create a security interest in the collateral.”
10 later decisions quote this exact passage · from the majority“Under Article Nine of the U.C.C., two documents are generally required to create a perfected security interest in a debtor’s collateral. First, there must be a ‘security agreement’ giving the creditor an interest in the collateral. Section 9-203(l)(b) contains minimal requirements for the creation of a security agreement. In order to create a security agreement, there must be: (1) a writing (2) signed by the debtor (3) containing a description of the collateral or the types of collateral. Section 9-203, Comment 1. The requirements of section 9-203(l)(b) further two basic policies. First, an evidentiary function is served by requiring a signed security agreement and second, a written agreement also obviates any Statute of Frauds problems with the debtor-creditor relationship. Id. Comments 3, 5. The second document generally required is a ‘financing statement,’ which is a document signed by both parties and filed for public record. The financing statement serves the purpose of giving public notice to other creditors that a security interest is claimed in the debtor’s collateral.”
1 later decision quote this exact passage · from the majority“. there is sufficient evidence that the parties intended a security agreement to be created separate from the assigned ICC agreement with Bollinger. All the evidence points towards the intended creation of such an agreement and since the financing statement contains a detailed list of the collateral, signed by Bollinger, we hold that a valid Article Nine security agreement existed . The minimal formal requirements of section 9-203(l)(b) were met by the financing statement and the promissory note, and the course of dealing between the parties indicated the intent to create a security interest. Id. at 929 .”
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.