Clark v. Evans’s Empirical Analysis

Citation profile

4 federal appellate · 1 district ·

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 charge was erroneous. ‘Knowledge of such facts as would put a prudent man on inquiry’ would not affect the right of the plaintiff to recover if she was otherwise a bona fide holder for value. One who purchases a negotiable note for value before maturity does not owe the maker the duty of making active inquiry into the origin or consideration of the note, before purchasing the same. His right to recover can only be defeated by showing that he had actual notice of the facts which impeach the validity of the paper. ‘Knowledge of such facts as would put a prudent man on inquiry’ will not suffice.””

   1 later decision quote this exact passage · from the majority
   e.g. Reilly v. McKinnon

2. “"The law is well settled that a party who takes negotiable paper before due for a valuable consideration, without knowledge of any defect of title, in good faiili, can hold it against all the world. A suspicion that there is a defect of title in the holder, or a knowledge of circumstances that might excite such suspicion in the mind of a cautious person, or even gross negligence at the time, will not defeat (he title of the purchaser. That result can be produced only by bad faith, which implies guilty knowledge or willful ignorance, and the burden of proof lies on the assailant of ihe title.””

   1 later decision quote this exact passage · from the majority
   e.g. Reilly v. McKinnon