Allen v. Steinberg’s Empirical Analysis
1966
Citation profile
2 federal appellate · 4 district · 46 state decisions
How this case has been cited
Cited by 56 later decisions — most recently August 2004 · most notably Impala Platinum Ltd. v. Impala Sales (U.S.A.), Inc. (1978), Klein v. Weiss (1978)
2 federal appellate · 4 district · 46 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 M & R Contractors & Builders, Inc. v. Michael · Eastover Stores, Inc. v. Minnix · Homestake Mining Company and Homestake-New Mexico Partners v. Mid-Continent Exploration Company, Rio De Oro Uranium Mines, Inc. v. Homestake Mining Company, J. H. Whitney & Co., White, Weld & Co., and San Jacinto Petroleum Corp. v. Homestake Mining Company, United Western Minerals Company v. Rio De Oro Uranium Mines, Inc., J. H. Whitney & Co., White, Weld & Co., San Jacinto Petroleum Corp., Clyde Osborn, and Homestake Mining Company, Homestake Mining Company v. Rio De Oro Uranium Mines, Inc., United Western Minerals Company, J. H. Whitney & Co., White, Weld & Co., San Jacinto Petroleum Corp., and Clyde Osborn · Corr v. Hoffman · Rinaudo v. Bloom
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Further, the partnership relationship is a fiduciary one, a relation of trust. A partner is a trustee to the extent that his duties bind him, a cestui que trust as far as the duties that rest on his copartners. 1 Rowley, Modern Law of Partnership, §§ 341-42; Restatement, Restitution §§ 166 comment d, 190 comment a; 68 C. J. S. Partnership § 76; 40 Am. Jur. Partnership § 128; Hagan v. Dundore, 187 Md. 430 . These authorities which consider the matter also hold that generally the principle of utmost good faith covers not only dealings and transactions occurring during the partnership but also those taking place during the negotiations leading to the formation of the partnership. See also Knapp v. first National Bank and Trust Co. (10th Cir.), 154 F. 2d 395, 398 ; Stephens v. Stephens (Ky.), 183 S. W. 2d 822, 824 . Managing partners particularly owe a fiduciary duty to inactive partners. Corr v. Hoffman (N. Y.), 176 N. E. 383 ; Einsweiler v. Einsweiler (Ill.), 61 N. E. 2d 377 .””
3 later decisions quote this exact passage · from the majority““In any action tried by the court without a jury at law or in equity, any party, without waiving his right to offer evidence in the event the motion is not granted, may move at the close of the evidence offered by an opponent for a dismissal on the ground that upon the facts and the law he has shown no right to relief. Unless the court otherwise specifies, such a dismissal operates as an adjudication upon the merits.””
1 later decision quote this exact passage · from the majority““We think that in deciding whether to dismiss an equity action at the close of the complainant’s case, the chancellor under Rule 535 must view the evidence, that is, draw the legitimate inferences most favorably to the complainant * * * .””
1 later decision quote this exact passage · from the majority
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.