Heller Financial, Inc. v. Plantation Acceptance Corp.’s Empirical Analysis
836 F.2d 962 · 1988
Citation profile
1 federal appellate · 1 state decisions
Relationships
Relies on Corceller v. Brooks · 141 So. 2d 85 - MacK Trucks, Inc. v. Magee · Fruehauf Trailer Division, Fruehauf Corp. v. Toups · 347 So. 2d 1200 - Haydel v. Clark · AMERICAN SEC. BANK OF VILLE PLATTE v. Dufour
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Article 2655 of the Louisiana Civil Code defines the dation en paiement, or “giving in payment,” as “an act by which a debtor gives a thing to the creditor, who is willing to receive it, in payment of a sum which is due.” The doctrine requires mutual consent of the parties, and the burden of demonstrating that consent must be carried by the debtor. (Citations omitted.) The dation en paiement is akin to the doctrine of accord and satisfaction. (Citation omitted.) Absent proof of mutual agreement for the giving and acceptance of the alternative performance as full payment of the original debt, there is no dation en paiement. (Citations omitted.)”
1 later decision quote this exact passage · from the majority
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.