Ward v. Smith’s Empirical Analysis

Citation profile

16 federal appellate · 5 district · 34 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the instrument is lodged with (he Panic for collection, the bank becomes the agent of the payee or obligee to receive payment. The agency extends no fmi her, and without special authority an agent can only receive payment of the debt clue his principal in the legal currency of the country, or in bills which pass as money at their par value by the common consent of the community. In the case at bar only one bond was deposited with the Farmers’ Bank. That institution therefore was only agent of the payee for its collection. It had no authority to receive payment of the other bonds for him, or on his account. Whatever it may have received from the obligors to be applied on the other bonds, it received as their agent, not as the agent of the obligee. If the notes have depreciated since in its possession, the loss must be adjudged between tbe bank and. tbe depositors. It cannot fall upon tbe holder of the bonds.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ilgenfritz v. Mutual Benefit Life Ins. Co. of Newark · Malloy v. Federal Reserve Bank of Richmond

2. ““It is the general usage in such cases for the bolda’s of the instrument to lodge it with the hank for collection, and the party bound for its payment can call there and take it up. If the instrument be not there lodged, and the obligor is there at its maturity with the necessary funds to pay it, he so far satisfies the contract that he cannot be made responsible for any future damages, either as costs of suit or interest for delay.””

   2 later decisions quote this exact passage · from the majority
   e.g. Stewart v. Henry County · Cheney v. Bilby

3. ““It is established by all of the authorities that the power of a collecting agent by the general law is limited to receiving for the debt of bis principal tbat wbicb tbe law declares to be legal tender, or wbicb is by common consent considered and treated as money, and passes as sucb at par. Although an agent is conceded to be a general agent with general power to sell or collect, or both, and take payment either in cash or credit, yet be does not possess all tbe power and authority over tbe property of bis principal wbicb tbe principal possesses and may exercise, and such general power gives an agent no authority to substitute himself as creditor in place of bis principal, or transfer debt of bis principal to himself by taking in payment thereof a bote payable to himself.””

   1 later decision quote this exact passage · from the majority
   e.g. Oilton State Bank v. Butler