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← 281 F.1d 928 - Vette v. Giles

Vette v. Giles’s Empirical Analysis

281 F. 928 · 1922

Citation profile

10
cited by 10 later decisions
2
cited 2 times by the Supreme Court
2
states following
September 1992
most recently cited

5 federal appellate · 2 state decisions

How this case has been cited

Cited by 10 later decisions (2 by the Supreme Court) — most recently September 1992

5 federal appellate · 2 state decisions

3019221930194019501960197019801990decided

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.

Appellate journey

Relationships

Relies on Commercial National Bank of New Orleans v. Canal-Louisiana Bank & Trust Company · London Assurance Co. v. Drennen · Smith v. Knight · Lycoming Insurance v. Barringer · National Surety Co. v. T. B. Townsend Brick & Contracting Co.

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “One can scarcely imagine circumstances under which error might have been more readily induced than those which this record presents. The new law had manifestly not then been published, and the three days which intervened between the time it became law and the time it became effective hardly gave opportunity for public discussion thereon. After the business started it does not appear that there was occasion for investigation as to its organization, nor that this was challenged, until about the time the concern got into difficulty. Even the New York Stock Exchange does not appear to have questioned its validity as a limited partnership. Consideration of the very exceptional circumstances shown induce quite inevitably the conclusion that, during all the time this business was carried on, it was in the honest, though erroneous, belief of all connected with it that it was a limited partnership....”
    2 later decisions quote this exact passage · from the dissent
  2. “the good faith of the asserted erroneous belief”
    2 later decisions quote this exact passage · from the dissent
  3. ““It is well settled in Illinois that, as between the parties, the question of partnership is one of intention, to be gathered from the facts and circumstances. [Citing eases.] The Uniform (General) Partnership Act provides: ‘A partnership is an association of two or more persons to carry on as co-owners a business for profit.’ Section 6 (1). * * * Persons who are not partners as to each other are not partners as to third persons.’ Section 7 (1). ‘* * * 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.’ Section 7 (2). ‘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. * * *’ Section 7 (4). “Hecht and Finn did not carry on the business of the firm as co-owners or otherwise. They had no authority, actual or apparent, to act for or bind the copartnership. The agreements of the parties, their subsequent conduct, the repayment of dividends received, with interest, together with the other facts and circumstances above alluded to, are more than sufficient to rebut and overcome any inference legitimately resulting from the receipt of a share of the profits. The provisions of the agreement giving respondents right to have access to the books of the firm, to have statements, to appoint auditors, and, in the events specified, to call for a dissolution, were appropriate in a limited partnership. See s”
    1 later decision quote this exact passage · from the dissent

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.