Baker v. Baer’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 2 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellee assumes that there was a partnership. There is no proof of. one. The fact that appellees sued S. L. Guthrie, X W. and G. W. Hastings, and obtained judgment against them under the firm name of S. L. Guthrie & Co., and that the attachment was issued and levied upon the property in controversy as the property of the firm, did not establish the fact "that the'partnership existed, or that the.property levied upon was its property. The record does not show that such an issue was raised in the action for debt. It is not shown that either of the Hastingses filed an answer. Whether the judgment was obtained against them by default or otherwise does not appear. They are not here complaining. The testimony of S. L. Guthrie; uncontradicted, shows that they had no interest whatever in his ‘'business, did not contribute to the capital of the business, and never received anything from it. He explains how their names were used, and that, after the 10th of October, 1891, he, at their request, and upon their failure to com-1 ply with the conditions-upon which they were to form a partnership, ceased to use their names any more. So that, if the partnership ever existed, the proof is that it had ceased long before this assignment was made. The most that could be claimed upon the proof on the partnership question is that it was a mere holding out, — not an actual partnership inter sese, — and, such being the ease, there was nothing to inhibit Guthrie from making the assignment. He wa”

   1 later decision quote this exact passage
   e.g. In re Meriwether