Struthers v. . Pearce’s Empirical Analysis

Citation profile

10 state decisions

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

1. “■ "The material fact is found by the judge that the lease in question was taken by the defendants during the existence and continuance of the partnership for their individual benefit, and to the exclusion of all interest therein by the plaintiff; and that this was done secretly, and without notice to him. It also appears by findings that the term of the co-partnership was not for a fixed and definite period, but was to continue during the pleasure of the parties; and it is not found that any agreement had been made, or any act had been done, or notice given, by either party, by which the time for its dissolution had been ascertained, fixed, or determined, nor that there had been any expression or indication of the will or pleasure of either party by which the relation between them had been discontinued when the lease wgs obtained. We must, therefore, assume as a fact that the partnership was in existence, and that no definite time had been fixed for its dissolution at that time,—or, in other words, that it was still ‘a continuing partnership of undetermined duration’; and on that, assumption the judge was clearly right in declaring as his conclusion of law that the lease was partnership property. The rule or principle is well settled in such a case, as stated in the clear, terse, and expressive language of the counsel of the appellants when he says, ‘It is true that, where no definite time is fixed for dissolution, though the firm may be dissolved at any time on notice, yet u”

   1 later decision quote this exact passage
   e.g. Tygart v. Wilson