Gregory v. Morris’s Empirical Analysis

Citation profile

14 federal appellate · 6 district · 24 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The lien at common law of the vendor of personal property to secure payment of purchase money is lost by the voluntary and unconditional delivery of the property to the purchaser; but this does not prevent the parties from eon- traeting for a lien, which, as between themselves, will be good after delivery. So, ordinarily, when the possession of a pledge is relinquished, the rights of the pledgee are gone. In this ease, however, Morris was not willing to rely upon the lien which the law gave him as vendor, or upon amere pledge of the property, but required a special contract on the part of Gregory, securing his rights. This contract created a charge upon the property, not in the nature of a pledge, but of a mortgage. The lien, as between the parties, was not made to depend upon possession, but upon a contract, which defined the rights both of Morris and Gregory, and the power of Morris for the enforcement of his security.””

   1 later decision quote this exact passage · from the majority
   e.g. Holly Manuf'g Co. v. New Chester Water Co.

2. “The obligation secured by the mortgage or lien under which Morris held was for the payment of gold coin, or, as was said in Bronson v. Rodes, 7 Wall. [1869] 229, ‘ an agreement to deliver a certain weight of standard gold, to be ascertained by a count of coins, each of which is certified to contain a definite proportion of that weight ’ and is not distinguishable ‘ from ,a contract to deliver an equal weight of bullion of equal fineness.’ ... We think it clear, that, under such circumstances, it was within the power of the Court so far as Gregory was concerned, to treat the contract as one for the delivery of so much gold bullion; and, if Morris was willing to accept a judgment which might be discharged in currency, to have his damages estimated according to the currency value of bullion.”

   1 later decision quote this exact passage · from the majority
   e.g. Perry v. United States

3. ““The lien at common law, of the vendor of presonal property, to secure the payment of purchase money, is lost by the voluntary and unconditional delivery of the properly to the purchaser.””

   1 later decision quote this exact passage · from the majority
   e.g. Hoffman v. Webb