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← 75 S.D. 604 - Ellenbecker v. Volin

Ellenbecker v. Volin’s Empirical Analysis

1955

Citation profile

8
cited by 8 later decisions
2
states following
May 1990
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 1990

8 state decisions

4019551960197019801990decided

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 Kabatchnick v. Hanover-Elm Building Corp. · Signal Mountain Portland Cement Co. v. Brown · Schultz v. Gilbert · Globe Indemnity Co. v. Stringer · Grimes v. Toensing

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

  1. “"An accounting and settlement between copartners is a condition precedent to an action by one against another on partnership claims and transactions for the following principal reasons: (1) A dispute of this nature ordinarily involves the taking of a partnership account, for, until that is taken, it cannot be known but that plaintiff may be liable to refund even more than he claims in the particular suit. (2) In partnership transactions a partner does not as a rule become the creditor or the debtor of a copartner, but of the firm. (3) Such a suit would necessitate that the party complained of be both plaintiff and defendant. (4) One partner does not own or have a right to any specific portion of the partnership property".”
    2 later decisions quote this exact passage · from the majority

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.