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← 95 N.M. 340 - Rutherford v. Darwin

Rutherford v. Darwin’s Empirical Analysis

1980

Citation profile

31
cited by 31 later decisions
5
states following
October 2012
most recently cited

29 state decisions

How this case has been cited

Cited by 31 later decisions — most recently October 2012 · most notably General Motors Acceptance Corp. v. Anaya (1985), State v. McCrary (1984)

29 state decisions

1001980199020002010decided

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 Clovis National Bank v. Thomas · Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A. · 8 Wash. App. 245 - Von Gohren v. Pacific National Bank · Continental Bank v. Wa-Ho Truck Brokerage · First State Bank at Gallup v. Clark

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

  1. “The circumstances of the transaction cry out for attention on the part of the bank. We hold, as a matter of law, that the bank had a duty to refuse to deposit the money to the account of The Settlement. The money order was restrictively endorsed to the account of an entity entirely different from that named, on the accompanying deposit slip. The trial court observed that, particularly in light of the sum involved, the bank had an obligation to be sure that the money went into the proper account.”
    1 later decision quote this exact passage
  2. “The presence of an uncancelled restrictive endorsement on a negotiable instrument creates the legitimate expectation that it was negotiated in accordance with the restriction, and thus it would, at least in some cases, tend to conceal embezzlement or misappropriation to allow such endorsements to be waived without being physically struck from the instrument.”
    1 later decision quote this exact passage
  3. “the deposit slip was equivalent to a line drawn through the restrictive endorsement. The restrictive endorsement was cancelled.”
    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.