McCulsky v. Klosterman’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 15 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The argument for the plaintiff is that the language of the contract cited plainly means that 5 per cent, is to be deducted or allowed for bad accounts from the outstanding accounts whether the bad accounts in fact amounted to that much or not, and that it was so plainly fixed for the purpose of easily liquidating the amount of bad accounts as losses to be deducted in computing tlie net profits on account of the relation of the parties and to avoid the controversy which might otherwise arise by charging bad accounts to profit and loss, as is usually the custom.””

   1 later decision quote this exact passage
   e.g. Miller v. A. D. Baker Co.

2. ““On the said 19th day of November, 1889, an account of stock shall be taken, and from” the amount of “the outstanding accounts of the firm there shall be first deducted 5 per cent, thereof to cover losses and bad accounts; and then there shall be paid to the said A. E. McCulsky the share of net profits after said deduction to which he is entitled under this agreement.””

   1 later decision quote this exact passage
   e.g. Miller v. A. D. Baker Co.

3. ““What shall remain, as the clear gain of any business venture, after deducting the capital invested in the business, the expenses incurred in its conduct, and the losses sustained in its prosecution.” Park v. Locomotive Works, 40 N. J. Eq. 114 ( 3 Atl. 162 ).”

   1 later decision quote this exact passage
   e.g. Crawford v. Calkins