Newman v. Basin Motor Co.’s Empirical Analysis

Citation profile

6 district · 30 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “is the wrongful possession of, or the exercise of dominion over, a chattel to the exclusion or in defiance of the owner’s right thereto; or an unauthorized and injurious use thereof; or the wrongful detention after demand therefor by the owner.”

   2 later decisions quote this exact passage
   e.g. Larranaga v. Mile High Collection & Recovery Bureau, Inc. · 807 F. Supp. 111 - Larranaga v. Mile High Collection & Recovery Bureau, Inc.

2. “there is no present right to possession of the property [ ] through an enforceable security interest.” As is evident, the best interpretation of the statute as it is written is to interpret the words "claimed as collateral” as words of limitation. 4 . It is evident that creditors who seek to insulate themselves from liability for conversion understand the language necessary to protect themselves. For instance, the following waiver was included in the agreement at issue in Newman : "Seller may take possession of any other property in the hereinbefore-described motor vehicle at time of repossession, whenever such other property may be therein, and hold same for buyer at buyer’s risk without liability on the part of seller, buyer to be liable for any charges for storing such property incurred by seller.”

   1 later decision quote this exact passage
   e.g. 807 F. Supp. 111 - Larranaga v. Mile High Collection & Recovery Bureau, Inc.