Devato v. Eight Hundred & Twenty-Three Barrels of Plumbago’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The limits of the port, as respects a delivery under the bill of lading, turn purely upon the question of fact within what limits ships and merchants have been accustomed to receive and deliver cargoes consigned here, without regard to geographical divisions. * * * Consignees of goods have a right to expect a delivery according to the established custom and usage of the port, and in that part of the port customarily used for the discharge of such goods; and the vessel is bound, and has aright, to make delivery accordingly. * * * The question in any particular case must be whether the practice of landing at such parts of the port has become so general and so established as to be fairly and reasonably entitled to be recognized as within those limits wherein the merchants of the port ordinarily receive, and vessels ordinarily discharge,o such goods. To show this, proof of usage is necessarily received, and such is° its appropriate office.””

   1 later decision quote this exact passage
   e.g. Montgomery v. The Port Adelaide

2. ““Section 2535. There shall he in the State of New York ten collection-districts, as follows: ************ Second. The district of the City of New York; to comprise all the waters and shores of the State of New York, and of the comities of Hudson and Bergen in the State bf New Jersey, not included in other districts; in which New York sháll he the port of entry. * * *””

   1 later decision quote this exact passage
   e.g. The Toronto