Gibson v. Stevens’s Empirical Analysis

Citation profile

15 federal appellate · 2 district · 46 state decisions

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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the opinion of the court, it transferred to him the legal title and constructive possession of the property. * * * The delivery of the evidences of title and the orders indorsed upon them was equivalent, in the then situation of the property, to the delivery of the property itself. * * * The rule is not confined to the usages of any particular commerce, but applies to every case where the thing sold is, from its character or situation at the time, incapable of actual delivery. * * * It is true there is no formal assignment indorsed on the warehouse document. But the technical rules of common-law conveyances and transfers of property have never been applied to mercantile contracts made in the usual coursef and -forms of business. The indorsement of the delivery order upon these evidences of his title, like the indorse-ments upon the bill of lading, sufficiently manifests the intention of the parties that the title and possession should pass. * * * And when that intention is evident from the language of .the written instruments and the nature and character of the contract, it is the duty of the court to carry it into execution without embarrassing it with needless formalities. A contrary rule would most commonly defeat the object which both parties designed to accomplish, and believed they had accomplished, by the instruments they executed.””

   1 later decision quote this exact passage · from the majority
   e.g. Waldock v. Frisco Lumber Co.

2. ““It has existed long enough to assume a regular form of dealing, and it embraces such a wide extent of territory, and is of such general importance, that its ordinary course and usages are now publicly known and understood; and it is the duty of the court to recognize them, as it judicially recognizes the general and established usages of trade on the ocean. For if, by any decision of this court, doubt should be thrown- upon the validity and safety of a contract fairly made according to the usages of this trade, and in the ordinary course and forms of business, the want of confidence would seriously embarrass its operations, to the injury of all connected with jk * * *»”

   1 later decision quote this exact passage · from the majority
   e.g. Pattison v. Dale