Towanda’s Empirical Analysis
216 F. 270 · 1914
Citation profile
1
cited by 1 later decisions
February 1915
most recently cited
1 federal appellate ·
Relationships
Relies on Bourdon v. The Proceeds of the Gratitude · The Towanda
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.
““It is urged that no materialman would wish, as a matter of business, to file a libel and attach a vessel which was continuing to obtain supplies, unless some other claimant found it necessary to begin action. It would also appear that great discrepancies would result in case the 40 days did not correspond to the exact 30 days and 10 days’ grace with respect to each of the claims affected. No two claims would become due at the end of the same 40 days. The rule seems to have been disregarded and considered a dead letter for a long time. The principle has rather been applied of considering each case from the standpoint of due diligence; but in no case has more than one voyage or one season been considered a ‘reasonable period.’ In most cases, claims of the same rank and of approximately the same period have been prorated, and this would seem to be fairer than to establish a fixed period within which to order payment in inverse order. Bach case, where agreement cannot be reached, must be considered by itself.””
1 later decision quote this exact passage · from the majoritye.g. The Samuel Little““It would seem,” he declares, “that in this case all claims accruing within 90 days before the attachment should be paid pro rata, after payment of costs, of the action in which the boat was sold.” The Towanda (D. O.) 216 Fed. 270 .”
1 later decision quote this exact passage · from the majoritye.g. The Samuel Little
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.