McGurk v. Moore’s Empirical Analysis
1951
Citation profile
32 state decisions
How this case has been cited
Cited by 34 later decisions — most recently January 2026 · most notably Cutter v. CUTTER REALTY COMPANY (1965), 40 N.C. App. 405 - Williams v. Biscuitville, Inc. (1979)
32 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 Holmes v. . Gilman · 4 Cal. 2d 711 - Spier v. Lang · Provident Trust Co. v. Rankin · Crone v. Crone · Hanna v. McLaughlin
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Except as provided by G.S. 59-46 persons who are not partners as to each other are not partners as to third persons. (2) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property. (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived. (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment: a. As a debt by installments or otherwise, b. As wages of an employee or rent to a landlord, c. As an annuity to a widow or representative of a deceased partner, d. As interest on a loan, though the amount of payment vary with the profits of the business, e. As the consideration for the sale of a goodwill of a business or other property by installments or otherwise.”
3 later decisions quote this exact passage“When one partner wrongfully takes partnership funds and uses them to buy or improve property, his co-partners may obtain redress in one of these alternative ways: 1. They may compel him to account to the partnership for the funds, and enforce the resulting claim as an equitable lien on the property. [Citations omitted.] 2. They may charge the property with a constructive trust in favor of the partnership to the extent of the partnership funds used in its purchase or improvement. G.S. 57-51; [citations omitted].”
1 later decision quote this exact passage“a notice of lis pendens can be filed against real property only in an action affecting its title.”
1 later decision quote this exact passage
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.