27 Md. App. 350 - McCully v. Radack’s Empirical Analysis
1975
Citation profile
6 federal appellate · 17 state decisions
How this case has been cited
Cited by 23 later decisions — most recently July 2011
6 federal appellate · 17 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 Cruz v. Hauck · Parham v. Cortese · Griffiths v. Helvering · Ford Motor Co. v. Beauchamp · Riviera Congress Associates ex rel. Lewy v. Yassky
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The purposes of § 115, [New York's version of § 620.26] ... were reasonably plain. General partners need not join limited partners in an action by the partnership; ordinarily limited partners may not sue since this will interfere with the management by the general partners; a suitor against the partnership need not join a limited partner; indeed, he may not do so if the partnership be solvent. The words say all this and say it well. But they do not have to be read as saying that a limited partner cannot bring an action on behalf of the partnership when the general partners have disabled themselves or wrongfully refused; and, although they could so be read, we see no sufficient reason for doing so when in quite similar situations the cestui que trust or the preferred stockholder is allowed to do exactly that.”
1 later decision quote this exact passage · from the majority““We vacate the order of the circuit court granting the appellees’ motion to dismiss appellants’ exception, and remand the ease for further proceedings. The chancellor shall determine whether there are ‘strong allegations and proof ’ of collusion between the trustees and the general partner, or whether the interest of the general partner in protecting his own financial welfare is so in conflict with the interest of the limited partnership as to render the general partner ‘disqualified.’ In order to determine whether the allegations are ‘strong’, and if so, whether supported by strong ‘proof, the chancellor may conduct, if he deems it necessary, an evidentiary hearing relative thereto.’’ 27 Md. App. at 360 , 340 A. 2d at 380 .”
1 later decision quote this exact passage · from the majority“We think it would be inconsistent with the dormant role of limited partners under our statute if they were permitted to interfere or effect a rescission of any commercial dealings which the partnership had with third parties who were not acting in concert or collusion with the wrongdoing general partners and who had no knowledge of such wrongdoing.”
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.