Hurst v. Hurst’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The pertinent finding of the trial court in its terms, however, does not award remuneration for acting in the partnership business as such, but instead grants appellee a credit ‘for living and managerial expenses’. Considering the finding in its own terms, it is conceivable that certain living and managerial expenses incurred by a partner, although benefiting him personally, nevertheless might be proper business expenses. (Citations) In the record of this case; however, we are unable to find substantial support for any such award. As for interpreting the judgment as allowing to appellee a salary for services rendered, perhaps, taking into account all of the ■circumstances, an agreement to compensate appellee when there were profits not required for reinvestment might be implied, 2 (Citations) ; but we are uncertain that that was what the trial judge intended * * *. In light of the uncertainty of basis for the trial court’s judgment we think it appropriate that the case be remanded for a new trial on the issue * * (Emphasis in original) See Hurst v. Hurst, 86 Ariz. 242, 245 , 344 P. 2d 1001, 1003 (1959).”

   1 later decision quote this exact passage
   e.g. 1 Ariz. App. 227 - Hurst v. Hurst

2. ““When any partner retires or dies, and the business is continued under any of the conditions set forth in subsections A, B, C, E and F, of § 29-241, or, paragraph 2, subsection B, of § 29-238, without any settlement of accounts as between him or his estate and the person or partnership continuing the business, unless otherwise agreed, he or his legal representative as against such persons or partnership may have the value of his interest at the date of dissolution ascertained, and shall receive as an ordinary creditor an amount equal to the value of his interest in the dissolved partnership with interest, or, at his option or at the option of his legal representative, in lieu of interest, the profits attributable to the use of his right in the property of the dissolved partnership ; * *”

   1 later decision quote this exact passage
   e.g. 2 Ariz. App. 272 - Nichols v. Elkins

3. ““(1) to grant a new trial with respect to the issue of ‘living or managerial’ expenses or remuneration owed to appellee and (2) to modify the judgment by allowing to appellants interest on the value of their share of the partnership assets utilized by appellees after the date of dissolution.””

   1 later decision quote this exact passage
   e.g. 1 Ariz. App. 227 - Hurst v. Hurst