Duden v. Maloy’s Empirical Analysis

Citation profile

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

1. ““¡While in the absence of written stipulations or other evidence showing a-different intention, partners will be held to share equally both profits and losses, it is entirely competent for them to determine, as between themselves, the basis upon which profits shall be divided and losses borne, without regard' to their respective contributions, whether of money, labor, or experience, to the common stock. Story on Partnership, §§ 23, 24. Such matters are entirely within the discretion of parties about to assume the relation of partners.””

   1 later decision quote this exact passage · from the majority
   e.g. Ruggles v. Buckley

2. ““The case was referred to the master ‘to take and state the accounts between the parties’ upon consent in writing, signed by counsel, after exceptions sustained to the answer, upon the bill, without being taken pro confosso or admitted by further answer or otherwise established. This course submitted to the master all of the issues which would be involved in taking the accounts.””

   1 later decision quote this exact passage · from the majority
   e.g. Maloy v. Duden

3. ““The accounts appear to be taken by the master with much painstaking care, and his conclusions appear to have been reached upon warrantable evidence, well weighed and considered by him.””

   1 later decision quote this exact passage · from the majority
   e.g. Maloy v. Duden