Marshall Co v. The President Arthur’s Empirical Analysis
279 U.S. 564 · 1929
Citation profile
52 federal appellate · 36 district · 4 state decisions
How this case has been cited
Cited by 176 later decisions (4 by the Supreme Court) — most recently July 2011 · most notably Dannebrog v. Signal Oil & Gas Co. (1940), Equilease Corporation v. M/v Sampson (1986)
52 federal appellate · 36 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedThe President Arthur (from Second Circuit Court of Appeals)
Relationships
Relies on Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co. · The Roanoke · Carrington v. The Brig Ann C. Pratt · The President Arthur
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 176 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“it shall not be necessary to allege or prove that credit was given to the vessel.”
3 later decisions quote this exact passage · from the majority“First, to do away with the artificial distinction by which a maritime lien was given for supplies furnished to a vessel in a port of a foreign country or state, but denied where the supplies were furnished in the home port or state. * * * Second, to do away with the doctrine that when the owner of a vessel contracts in person for necessaries or is present in the port when they are ordered, it is presumed that the materialman did not intend to rely upon the credit of the vessel, and that hence no lien arises. * * * Third, to substitute a single federal statute for the state statutes in so far as they confer liens for repairs, supplies and other necessaries.”
1 later decision quote this exact passage · from the majoritye.g. The Western Wave““Applying the principles stated in the foregoing cases, we think that. the libellant, having made specific-contracts for an express security, in stead of resting on the lien which the law would otherwise give, must rely on the contracts it made for itself, and cannot now, in a change of circumstances, resort to the lien it would have had in the absence of the special agreements; and that by taking other and different security, upon which it relied, and which it still retains, without stipulating for the retention of the lien, it has waived the lien which it otherwise would have had.””
1 later decision quote this exact passage · from the majority
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.