McMullen v. . Rafferty’s Empirical Analysis
1882
Citation profile
1 federal appellate · 3 district · 50 state decisions
How this case has been cited
Cited by 57 later decisions — most recently September 2005 · most notably Murdock v. . Waterman (1895), Brooklyn Bank v. . Barnaby (1910)
1 federal appellate · 3 district · 50 state decisions — followed in 10 states
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 Howland v. . Edmonds · Wenman v. Mohawk Insurance · First Nat. Bank of Utica v. . Ballou · Cromwell v. . Hewitt
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But it is the settled law of this state that payments made by one joint contractor cannot save from the statute of limitations a claim against another joint contractor, and that payments made by the principal debtor cannot save from the statute'a claim against the surety; and it makes no difference that the payments were made with the knowledge of the other party liable for the same debt. To make payments effective against a party to save a claim from the statute, they must have been made by him, or for him by his authorized agent. One joint contractor may make payments as agent for all the contractors, or the principal debtor may make payments for and in the name of his surety as his agent, or payments may thus be'made in the name of all the joint contractors, or of the surety without previous authority, but be subsequently ratified, and in all such cases the running of the statute may be prevented; but in all cases, to make the payments effective, they must, by previous authorization or subsequent ratification, be the payments of the party sought to be affected by them.””
1 later decision quote this exact passage““The word ‘demand’ is not treated as part of tlie contract, but is used to show that the debt is due.””
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.