James v. Yaeger’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is contended by the appellant that the findings of the court do not sustain the judgment. In this contention we fully agree with counsel for appellant. By the payment to the payee the note became extinct, and ceased to be a binding obligation. (Code Civ. Proc., see. 1473; Wright v. Mix, 76 Cal. 465 [ 18 Pac. 645 ].) And a purchaser of the note after maturity—or in this instance, the note being nonnegotiable, whether the purchase was before or after maturity—took it subject to the defense of payment. (Elgin v. Hill, 27 Cal. 373 .) Having been paid, it became functus officio, and no action could be maintained upon it. (Gordon v. Wansey, 21 Cal. 79 .) If the respondent had been an innocent purchaser, it would have been different. But here, not only was the note non-negotiable and the purchase by the respondent after maturity, but his purchase was from one of the makers of the note. This was sufficient to put him upon inquiry. But it must be presumed, in this case, that the respondent took the note with full knowledge of all the facts.””

   1 later decision quote this exact passage
   e.g. Bailes v. Keck