Gans v. Auchincloss’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘All liability of Charterers shall cease on completion of loading, the Captain or owners having an absolute lien on the cargo for all Freight, Dead Freight, Demurrage, &c., due to the vessel under the Charter-Party, but all Demurrage incurred at Port of Loading must be settled before sailing therefrom or endorsed on Bills of Lading, or there shall be no lien or claim for the same.’ Fourth. Pursuant to said charter party the libelants thereafter duly named the steamship Finland, of 1441 tons not register, as the steamship to carry the said cargo, and the said steamship thereafter proceeded to said Port Inglis anchorage, arrived there on September 12th, 1905, at 11 A. M., and was duly entered and tendered to respondents, and written notice that said steamship was ready to receive cargo was given to their agents on .September 12th, 1905, at 5 P. M. Day days began to run pursuant to said charter on September 13th, 1905, at 5 P. M. Fifth. Thereafter said steamship loaded a cargo of 1900 tons of phosphate, supplied by respondents, which, according to said charter party should have been supplied in four and three-quarter days at the rate of four hundred tons per day, Sundays and holidays excepted, and should, therefore, have been supplied by the 19i:h day of September, 1905, at 11 A. M., the 17th of September being a Sunday, and no holidays having intervened, at which time lay days began to run. Had said cargo been supplied as required by charter, libelants would have loaded the sam”

   1 later decision quote this exact passage · from the majority
   e.g. Gans v. Auchincloss

2. ““Second. On or about the 20tb day of June, 1905, a charter party in writing was entered into between the libelants and respondents whereby the respondents agreed to load in bulk on board a steamship to be thereafter named by the libelants, a cargo of not less than 2,000 tons, nor more than 2,200 tons, of phosphate at Port Inglis anchorage, West coast of Florida, United States, off mouth of Withlacoochee River for transportation to Hamburg, Germany, by the libelants on the said steamship. For the transportation of said cargo respondents agreed to pay to the libelants the sum of Thirteen shillings per ton delivered. It was further agreed by the respondents in said charter party that the vessel should be loaded at Port Inglis as aforesaid ‘at the average rate of 400 tons per weather working day (Sundays and holidays excluded),’ commencing 24 hours after vessel was ready to receive cargo and written notice to that effect given to charterers’ agents, and should be discharged at Ham burg ‘at the rate of 450 tons per weather working day (Sundays and holidays excluded),’ and that in case the vessel was longer detained by the charterers demurrage should be paid by them at the rate of eight cents per-net registered ton per day for every day the vessel was so detained. Said charter party is hereby referred to and made part of this libel.”

   1 later decision quote this exact passage · from the majority
   e.g. Gans v. Auchincloss