Weaver v. . Upton’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““It seems to us that the agreement was one of partnership; and, the law being well settled that the acting and business partner is never entitled to claim any pay of the firm for his services, unless he stipulates for it in the articles of co-partnership or otherwise, the parties therefore agreed that Weaver should manage the business, and Upton, the other partner, agreed to give him $450 ‘to manage the business.’ Weaver was to bear his proportion of the expense of managing and working the mine. The salary of the superintendent was a part of the expense of the firm. And the firm ought, according to the true construction of the articles, to bear this expense in proportion to the number of hands each partner worked in the mine. The words, ‘the said Upton bargains and agrees to give me, the said Weaver, four hundred and fifty dollars to manage the business,’ only denote the assent of Upton that Weaver, although a partner, should be paid for Ms services $450.00. The parties were stipulating concerning the partnership business and the terms on which it was to be carried on; and, among others, that Upton bargained and agreed to let Weaver have $450.00 for his services that year. It seems to us that it would be against justice and right to construe the covenant to be an agreement by Upton that he would pay that sum out of his own pocket. We think that it was an item in the .expense account of the firm, and that the firm should pay it.””

   1 later decision quote this exact passage
   e.g. Bancroft v. Hambly