Stephenson v. The Francis’s Empirical Analysis

Citation profile

5 federal appellate · 21 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Maritime liens for repairs and supplies, being secret incumbrances, are not favored. They are allowed upon grounds of commercial convenience and necessity. In the state of the owner’s residence, where he is presumptively present, or within easy communication, no mere maritime lien for repairs and supplies there furnished is by our law in any case allowed. In that case the presumption of law is conclusive that the owner or his representative is within reach; that he is able to supply his ship upon his ordinary responsibility; and that he intends to do so, without burdening her with secret liens. In a foreign port, when the owner is present, and procures the supplies in person, — not being master, — in the absence of any express reference to the ship as a source of credit, the same presumption as to the owner’s means, and as to his intention, exists prima facie; but this presumption is not conclusive, as in the home port, and may be repelled by proof drawn either from the express language of the parties, or from any other circumstances satisfactorily showing that a credit of the ship was within the common intention; and when this intention appears the lien will be sustained. This is allowed because even an owner in a foreign port may be without means, reputation, or credit, and hence may be under the same necessity as the master for making use of the credit of the sliip. But, as I hare said, tins necessity in the case of an owner is not presumed. It must appear in proof, eithe”

   3 later decisions quote this exact passage
   e.g. Neafie & Levy Ship & Engine Building Co. v. The Ella · Hansen v. The Glenmont

2. ““The necessities of commerce require that, when remote from his owner, he shonld be able to subject his owner’s property to that liability without which it is reasonable to suppose he will not be able to pursue his owner’s interest. But when the owner is present the reason ceases, and the contract is inferred to be with the owner himself on his ordinary responsibility, without a' view to the vessel as the fund from which compensation is to be derived.””

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

3. ““When an owner is also master, supplies furnished on his order will be deemed furnished to him in his character as captain rather than in his character as -owner.””

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