Barlow v. Collins’s Empirical Analysis
1958
Citation profile
11 state decisions
How this case has been cited
Cited by 15 later decisions — most recently August 2011
11 state decisions
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 23 Cal. 2d 719 - Maguire v. Hibernia Savings & Loan Society · Vallera v. Vallera · 43 Cal. App. 1 - Keyes v. Nims · 137 Cal. App. 2d 41 - Martyn v. Leslie · 53 Cal. App. 2d 644 - Niles v. Louis H. Rapoport & Sons, Inc.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendant relies on the general rule that a partner may not sue his copartner in an action at law in respect to firm transactions until an accounting has been had. While this general rule is well established, a diffei’ent rule or at least an exception to the general rule, has been quite generally recognized and has been indicated and applied in several cases in this state. The general rule is particularly applicable to claims for damages arising out of the manner in which a partnership business has been conducted and to breaches of said agreements as such. But the reasons for applying the general rule are less forceful where the wrongful acts complained of are not only a breach of contract but constitute a tort, and this is especially true where the tort is of such a nature that it not only terminates the partnership but wrongfully destroys it, and where the erring partner converts to his own use its entire assets.”
1 later decision quote this exact passagee.g. Cobin v. Rice
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.