Mitchell v. . Reed’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 68 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““’those who are in possession of lands under a lease hare an interest theiein beyond the subsisting term, usually called the tenant’s right of renewal. Between the landlord and tenant this interest cannot strictly be denominated a right or estate, but is merely a hope or expectation; there being, in the absence of contract, no way, legal or equitable, of compelling a renewal. But, as between third persons, the law recognizes this interest as a valuable property right, and the renewal as a reasonable expectancy of the tenants in possession. * * * It |the rule.] is appropriately applied to a trustee of a corporation taking in his own name a renewal lease of the premises in possession of the corporation. Every consideration, legal or moral, requires that the trustee should protect the corporation and its property and see that the interest of other stockholders suffer no loss from his default. * * í= Between the trustee and the corporation the right of renewal of the lease Is a property right, and, if the lease is renewed in the name of the officer, it enures td the benefit of the corporation.””

   2 later decisions quote this exact passage
   e.g. Williamson v. Monroe · McCourt v. Singers-Bigger

2. “The relation of partners with each other is one of trust and .confidence. Each is general agent of the firm and is bound to act in entire good faith to the other. The functions, rights and duties of partners in a great measure comprehend those both’, of trustees and agents, and the general rules of law applicable to such characters aré applicable to them. Neither partner can, in the business and affairs' of the firm, clandestinely stipulate for a private advantage to himself; he can neither sell to nor buy from the firm at a concealed profit for himself. Every advantage which he can obtain in the business .of the firm must inure to the benefit of the firm. These principles are elementary.”

   1 later decision quote this exact passage
   e.g. Kimberly v. Arms

3. ““If a person who has a particular or special interest in a lease obtains a renewal thereof from the circumstance of his being in possession as tenant, or from having such particular interest, the renewed lease is, in equity, considered as a mere continuance of the original lease, subject to the additional charges upon the renewal, for the purpose of protecting the equitable rights of till parties who had. any interest either legal or equitable in the old lease.””

   1 later decision quote this exact passage
   e.g. McCourt v. Singers-Bigger