Wall v. Brookman’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is probable that originally we borrowed the phrase ‘for the direct payment of money’ from California. The Supreme Court of California first had trouble with it in 1867 (Hathaway v. Davis, 33 Cal. 161 ), and it appears to have been bothersome ever since (3 Cal. Jur. 415). “The history of the phrase as it appears in our statute, with particular reference to the mischievous word ‘direct’ (the elimination of which from the statute would be beneficial, as it seems to'function chiefly as a trouble maker) is covered fully in the Sparrow Case, supra. In that case, after an exhaustive analysis of the authorities then available (and upon this point no new light appears), this court concluded that contracts contemplated by our statute as it then existed- — and it is the same now — ‘are such only as require the payment unconditionally and absolutely of a definite sum.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Fredericks v. Hammons