Wilson v. Brian’s Empirical Analysis
1955
Citation profile
7 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 1984
7 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 Central Sav. Bank & Trust Co. v. Oilfield Supply & Scrap Material Co. · 64 So. 2d 520 - Simmons v. Clark · Home Finance Service v. Walmsley · Davis-Wood Lumber Co. v. Canulette Shipbuilding Co. · Brewer v. Foshee
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The surety is discharged when by the act of the creditor, the subrogation to his rights, mortgages and privileges can no longer be operated in favor of the surety.' "In construing this article, the jurisprudence is uniform on the proposition that a surety is discharged when the creditor's action makes it impossible for the surety to be subrogated to all the creditor's rights, mortgages and privileges. It was stated by this court in Glass v. McLendon, 66 So.2d 369 , 370: "It is a long standing rule of jurisprudence in Louisiana to the effect that an action by a principal debtor which releases any security, without the knowledge or consent of an endorser or surety, relieves the latter; Union National Bank v. Cooley, 27 La. Ann. 202 ; Smith v. Van Arsdale, 19 La.App. 247 , 140 So. 95 ; Wyatt v. Buckley, La.App., 174 So. 387 ; Central Savings Bank & Trust Co. v. Oilfield Supply, etc., Co., 202 La. 787 , 12 So.2d 819 ; United Loan Corp. v. Kyer, La. App., 54 So.2d 891 .' "See also Dennis v. Graham, 159 La. 24 , 105 So. 87 ; Brewer v. Foshee, 189 La. 220 , 179 So. 87 ; Simmons v. Clark, La. App., 64 So.2d 520 ."”
1 later decision quote this exact passage“"It is our opinion that the defendant, as the maker of the collateral mortgage note, was discharged by the action of the creditor in repossessing and disposing of and selling the mortgaged truck without her knowledge or consent and in thus making it impossible for her to be subrogated to the creditor's rights, privileges and mortgage on such property."”
1 later decision quote this exact passage“"Suretyship is an accessory promise by which a person binds himself for another already bound, and agrees with the creditor to satisfy the obligation, if the debtor does not."”
1 later decision quote this exact passage
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.