Cuddy v. Clement’s Empirical Analysis

Citation profile

8 federal appellate · 5 district ·

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

1. ““By the maritime law, no lien for supplies or labor furnished a vessel is presumed to arise on a contract made by the owner, and proof is required that the minds of the parties to the contract met on a common understanding that such a lien should be created. Neither is it sufficient that the party who furnished the labor or supplies gave credit, so far as his own intentions were concerned, to the vessel, or would not have furnished them except on the belief that he was acquiring a lien for them. In this respect the status is different from what it is with reference to liens for labor and supplies furnished a vessel on the order of her master. This general rule is stated in The St. Jago de Cuba, 9 Wheat. 409 , 417, 6 L. Ed. 122 ; Thomas v. Osborn, 19 How. 22 , 29, 40, 43, 15 L. Ed. 534 ; The Grapeshot, 9 Wall. 129 , 136, 137. 19 L. Ed. 651 ; The Kalorama, 10 Wall. 204 , 214, 215, 19 L. Ed. 941 ; The Emily B. Souder, 17 Wall. 666 , 671, 21 L. Ed. 683 ; and The Stroma, decided by the Circuit Court of Appeals for the Second Circuit, and reported in 53 Fed. 281 , 283, 3 C. C. A. 530 . It is expressly stated to the same effect in The Valencia, 165 U. S. 264 , 270, 271, 17 Sup. Ct. 323 , 41 L. Ed. 710 . “This distinction has been emphasized with regard to alleged liens for supplies furnished on the order of the charterers of a vessel, especially where there was no apparent necessity for pledging her credit. The Kate, 164 U. S. 458 , 17 Sup. Ct. 135 , 41 L. Ed. 512 ; The Valencia, 16”

   1 later decision quote this exact passage · from the majority
   e.g. The Surprise

2. ““Of course, with reference to all property domestically located, whether buildings or vessels, circumstances may be such * * * as to show that the parties intended that credit should be given solely to the purchaser.””

   1 later decision quote this exact passage · from the majority
   e.g. The James T. Furber