Strother v. Wilkinson’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are of the opinion that, since the evidence shows that Barbaz'a K. Strother executed the notes in controversy as surety, it was competent to prove that the plaintiff had prejudiced the surety by acts which would naturally prove injurious to the remedies of the surety, and since one of the rights of the surety is to be subrogated to the rights of the principal, as to the rights of the payee as against the principal, and the property of the principal held by the payee as security for the note of the plaintiff in this case hrad been released, the surety’s rights would have been preju-dicially affected.””

   1 later decision quote this exact passage
   e.g. First National Bank of Alex v. Godwin

2. ““A surety is exonerated: “First. In like manner with a guarantor. “Second. To. the extent to which he is prejudiced by any act of the creditor which would naturally prove injurious to the remedies of the surety or inconsistent with his rights, or which lessens his security; or, “Third. To the extent to which he is prejudiced by an omission of the creditor to do anything, when required by the surety, which it is his duty to do.””

   1 later decision quote this exact passage
   e.g. First National Bank of Alex v. Godwin

3. ““In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. * * *””

   1 later decision quote this exact passage
   e.g. First National Bank of Alex v. Godwin