63 Ohio App. 116 - Bratten, Admr. v. McKelvey’s Empirical Analysis

Citation profile

2 district · 3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first part of Section 110, N.I.L., is a declaration of the ‘law merchant’ as applied in the states before the adoption of the N.I.L., and notice of dishonor to an endorser of a note containing such waiver on its face was not required to hold him liable on the note. The reason for so holding can be no better expressed than was done in an early Indiana leading case, Gordon v. Montgomery, 1862, 19 Ind. 110 , wherein the note said: T promise to pay to the order of Gordon, Castlen & Gordon, protest, and notice of protest waived '* * *.’ The court said that ‘the waiver of protest and notice, expressed in the note, included waiver of demand, and was operative against indorsers. We think such was its effect. It was inserted in the note for some purpose. The only purpose could be to waive protest and notice as to indorsers, for they were the only parties as to whom these acts were required, but for the waiver, to be performed. And, we think, the waiver of protest included the waiver of a demand. Such, we think, must have been the intention of the parties.’ ””

   1 later decision quote this exact passage
   e.g. Delta Metals, Inc. v. Alfin Manufacturing Co.

2. ““Where the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only.””

   1 later decision quote this exact passage
   e.g. Delta Metals, Inc. v. Alfin Manufacturing Co.