Forsyth v. Woods’s Empirical Analysis

Citation profile

9 federal appellate · 4 district · 16 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “«If ⅞ * ⅜ SUCh a joint request as is pleaded * * * raised, an implied promise on tire part of those who .-Joined in the request to reimburse the defendant, it is, perhaps, still not clear that it was a partnership promise, creating a ■debt of the partnership, and therefore entitled to priority in bankruptcy over private debts of the partners. * * * If a firm be composed of two persons, associated for the conduct of a particular branch of business, it can hardly be , maintained that the joint contract of the two partners, made in their individual names, respecting a matter that has no connection with the firm business, creates a liability of the firm as such. The partnership is a distinct thing from the partners themselves, and it would seem that debts of the firm are 'different in character from other joint debts of the partners. If it is not so, the rule that sets apart the property of a partnership exclusively, in the first instance, fojr the payment of its debts may be of little value. That rule presumes that a partnership debt was incurred for the benefit of the partnership, a,nd that its property consists, in whole or in part of what has been obtained from its creditors.' The reason of the rule fails when a debt or liability has not been incurred for the firm as such, even though all the persons who compose the firm may be parties to the contract.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Nashville Laundry Co.

2. ““It is not certain that a promise by a partnership and a promise by the individual partners collectively have the same effect If a firm be composed of two persons associated for the conduct of a particular branch of business, it can hardly be maintained that the joint contract of two partners, made in their individual names, respectively, on a matter that has no connection with the firm business, creates a liability of the firm as such. The partnership is a distinct thing from the partners themselves, and it would seem that the debts of the firm are different in character from other joint debts of the partners. If it is not so, the rule that sets apart the property of a partnership exclusively in the first instance for the payment of its debts may be of little value. That rule presumes that a partnership debt was incurred for the benefit of the partnership, and that its property consists, in whole or in part, of what has been obtained from its creditors. The reason of the rule fails when a debt or liability has not been incurred for the firm, as such, even though all the persons who compose the firm may be the parties to the contract.””

   1 later decision quote this exact passage · from the majority
   e.g. In re L. B. Weisenberger & Co.