Baxter v. Hart’s Empirical Analysis

Citation profile

4 federal appellate · 3 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The only question in the case is, does the testimony support the finding that defendant is indebted to plaintiff in the sum of $391.93 for the threshing of defendant’s crop of wheat and barley, etc.? No reason is perceived why plaintiff and Manigan could not, as between themselves, although co-partners, agree that, as to a given venture or contract, plaintiff should have the entire benefit, as they might have assigned the demand arising therefrom one to the other after completion of such venture or contract. Had defendant presented a counterclaim against the firm held by him before notice of this arrangement, it would have been valid to defeat the claim; but, in the absence of such a cross-demand, it Is not perceived that he can be injured by a judgment for that which he was bound to pay. The case, then, stands thus: Plaintiff and Flanigan, entered into a contract jointly with defendant, and then by an agreement between themselves stipulated that plaintiff should be the recipient of the entire benefit thereof. This constituted him the real party in interest as between himself and his copartner, and as a result he was the proper and only proper party plaintiff.””

   1 later decision quote this exact passage
   e.g. Ban v. Columbia Southern Ry. Co.