593 So. 2d 989 - Smith v. Redd’s Empirical Analysis
1991
Citation profile
1 federal appellate · 1 district · 9 state decisions
How this case has been cited
Cited by 13 later decisions — most recently April 2018
1 federal appellate · 1 district · 9 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 Beckman v. Farmer · 101 N.C. App. 199 - Wilder v. Hobson · Weizer v. Commissioner · 480 So. 2d 1134 - Hults v. Tillman · Croenne v. Irby
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Except as provided by Section 79-12-31 persons who are not partners as to each other are not partners as to third persons. . . . (3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived. (4) 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, but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise, (b) As wages of an employee or rent to a landlord, (c) As an annuity to a widow or representative of a deceased partner, (d) As interest on a loan, though the amount of payment varies with the profits of the business, (e) As a consideration for the sale of the goodwill of a business or other property by installments or otherwise. . . .”
3 later decisions quote this exact passage“Control by itself is not the exclusive indicator of partnership. `Partner-like control' may or may not be found depending on the surrounding circumstances, because the circumstances will vary from relationship to relationship.”
2 later decisions quote this exact passage“The three main questions that are considered in partnership determination are (1) the intent of the parties, (2) the control question, and (3) profit sharing.”
2 later decisions quote this exact passage
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.