The Oceana’s Empirical Analysis

Citation profile

17 federal appellate · 10 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Act of 1910 by which the transactions with the Clio were governed, after enlarging the right to a maritime lien and providing who shall be presumed to have authority for the owner to procure supplies for the vessel, qualifies the whole in section 3 (Title 46, Section 973) as follows: `But nothing in this Act shall be construed to confer a lien when the furnisher knew, or by the exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for the sale of the vessel, or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor.' We regard these words as too plain for argument. They do not allow the materialman to rest upon presumptions until he is put upon inquiry, they call upon him to inquire. To ascertain is to find out by investigation. If by investigation with reasonable diligence the materialman could have found out that the vessel was under charter, he was chargeable with notice that there was a charter; if in the same way he could have found out its terms he was chargeable with notice of its terms.”

   1 later decision quote this exact passage · from the majority
   e.g. Lindbar, Incorporated, Claimant-Appellant v. St. Louis Fuel & Supply Company, Inc., Libelant-Appellee

2. ““Obviously the act was passed in-restriction of the rights of vessel owners and in the aid of those who furnish repairs, supplies, and other necessaries. It wiped out all difference between foreign and domestic vessels, and between repairs, supplies, and other necessaries furnished in the home port, as distinguished from those furnished in foreign ports, and between such as were ordered by the master and such as were ordered by the owners,” etc.”

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

3. “when the furnisher knew, or by exercise of reasonable diligence could have ascertained, that because of the terms of a charter party”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. S.S. Lucie Schulte