Ross Administrator v. Jones’s Empirical Analysis

Citation profile

22 federal appellate · 4 district · 13 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Evidently the statute contemplates that the cause of action will accrue against the principal and surety at the same time, which is never the case with the indorser and maker. Such a notice may unquestionably be given by a surety proper, whether his contract is expressed in a bond, bill, or note, as soon as the instrument falls due; but it would be unreasonable to suppose that an indorser would give such a notice before his liability had become fixed, as it may be that such a demand to sue would operate as waiver of the right to notice of the dishonor of the note. Nor is it necessary to extend the operation of the statute so as to include an indorser, in order to satisfy the literal scope of the language employed. ‘Persons, bound as security for another,’ are the words of the statute, which undoubtedly includes sureties proper in a bond, bill, or note, but it would be extending the words of the statute beyond their reasonable meaning, to hold that it includes an indorser whose liability is fixed by the required notice of the dishonor of the bill or note.” Ross, 89 U.S. (Wall.) at 591 , 22 L. Ed. at 735 .”

   1 later decision quote this exact passage · from the majority
   e.g. 238 Ill. 2d 455 - JPMorgan Chase Bank, N.A. v. Earth Foods, Inc.

2. ““SECTION 1. Any person bound as security for another in any bond, bill, or note, for the payment of money, or the delivery of property, may, at any time after action hath accrued thereon, by notice in writing, require the person having such right of action forthwith to commence suit against the principal debtor and other party liable. SECTION 2. If such suit be not commenced within thirty days after the service of such notice, and proceeded in with due diligence, in the ordinary course of law, to judgment and execution, such security shall be exonerated from liability to the person notified.” Gould’s Digest, 1015. In holding that the indorser of a note or bill is not a”

   1 later decision quote this exact passage
   e.g. 238 Ill. 2d 455 - JPMorgan Chase Bank, N.A. v. Earth Foods, Inc.

3. ““Indorsers, it is sometimes said, are sureties, but their contract, which is a new one as compared with the maker of the note, differs in some important respects from that of the surety, who is a joint promisor with the principal, as the holder of such an instrument is under no obligation to use diligence to enforce payment against the maker in order to hold the indorser.” Ross, 89 U.S. (Wall.) at 588 , 22 L. Ed. at 734 .”

   1 later decision quote this exact passage · from the majority
   e.g. 238 Ill. 2d 455 - JPMorgan Chase Bank, N.A. v. Earth Foods, Inc.