Fink v. Brown’s Empirical Analysis

Citation profile

6 federal appellate · 40 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““First. It is sufficient to constitute a partnership that the parties are to have a community of interest in the profits as such. “Second. In determining the question of whether a partnership exists, the actual relation consequent upon the engagement of the parties will be looked to; and as to creditors the court will ordinarily apply the doctrine that the party who shares the profits must also share the liabilities, unless it appears that the parties intended and constituted a different relation, in effect excluding that of partnership.””

   1 later decision quote this exact passage
   e.g. UTTER v. IRVIN

2. ““There existed by his tacit agreement a community of interests, the common enterprise, its operation for the joint account, and a right in the owner of each interest to share as a principal in its profits as- such, which under the established rule in this state is a recognized test of the relation,””

   1 later decision quote this exact passage
   e.g. Millers' Indemnity Underwriters v. Patten

3. ““Considered in connection with the other provisions of the contract showing that the relationship of lessor and lessees were thereby intended and constituted, it (sharing of profits) is not puflficient to raise a presumption of partnership.””

   1 later decision quote this exact passage
   e.g. Ogus, Rabinovich & Ogus Co. v. Foley Bros. Dry Goods Co.