Joyce v. Cockrill’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Neither will a surety upon a promissory note, or a private bond, in the hands of the payee, be discharged upon evidence that he had signed the note or bond upon conditions not performed, but of which the payee had no notice. Jordan v. Jordan, 10 Lea [Tenn:] 124 [ 43 Am. Rep. 294 ]; Russell v. Freer, 56 N. T. 67; McCormick v. Bay City, 23 Mich. 457 ; Davis v. Gray, 61 Tex. 506 ; Merriam v. Rockwood, 47 N. H. 81 .””

   1 later decision quote this exact passage · from the majority
   e.g. Title Guaranty & Surety Co. v. Schmidt

2. ““A surety is not discharged, even against the payee, by evidence that the obligation upon which he is sued was delivered to the principal obligor upon conditions which have not been performed, if the payee accepted the instrument without notice, and would sustain loss if deprived of the security upon which he relied.””

   1 later decision quote this exact passage · from the majority
   e.g. Title Guaranty & Surety Co. v. Schmidt

3. ““If a creditor does any act inconsistent with the rights of the surety> and injurious to him, or omits to do any act which his duty to the surety obliges him .to do, and thereby injures the surety, the latter will be discharged to the extent of such injury.””

   1 later decision quote this exact passage · from the majority
   e.g. Evans v. Kister