Rosetti v. Lozano’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 78 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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question referred to as decided in the first case cited is, whether or not a right of action for the penalty arises before the entire principal and usurious interest besides has been paid. In the case of Stout v. Bank, 69 Texas, 389, 390 , the same question arose and was decided under the act of Congress before alluded to. The holding was that where the parties, as they did in this case, intentionally appropriate payments to the discharge of usurious interest, the right to the penalty arises and is fixed whether the principal debt has been paid or not. Nothing contrary to this was held in Loan Association v. Biering, 86 Texas, 476 . The contract and transactions in that case took place before the act of 1892, giving the penalty in question, was enacted, and consequently involved no such question as the one before us. The decision simply declared the rule previously established, that where usurious interest had been charged and paid, since no interest could be allowed, payments, though made as interest, were to be applied to principal.””

   1 later decision quote this exact passage
   e.g. Federal Mortgage Co. v. State Nat. Bank of Corsicana