The Bergen’s Empirical Analysis
64 F.2d 877 · 1933
Citation profile
17 federal appellate · 2 district ·
How this case has been cited
Cited by 23 later decisions — most recently April 1999
17 federal appellate · 2 district ·
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.
Relationships
Relies on United States v. Stowell · Morse Dry Dock Repair Co v. The Northern Star · Factors' & Traders' Insurance v. Murphy · Guaranty Trust Co. of New York v. Minneapolis & St. L. R. · Workman v. Lewis
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Likewise, in the instant case, we think ‘the most’ that the provision contained in the mortgage can do is to postpone the lien of libel-ant to that of the holder of the preferred mortgage. “One who furnishes supplies to a vessel upon the order of the owner thereof is not required to examine the ship’s papers or to make inquiry as to the authority of the owner to bind the vessel. Such authority is given him by statute as well as by virtue of his title. To be sure, one who furnishes supplies, etc., to the owner of a vessel is chargeable with notice of a valid preferred mortgage thereon; but, in our opinion, the language used in subsection R 8 9 deals only with the authority of third persons to represent the owner, and not of the owner himself.””
3 later decisions quote this exact passage · from the majority“Accordingly, this court holds that Section 973 was enacted and re-enacted as an exception in favor of the vessel owner and deals only with the authority of a third person to represent the owner so as to create a lien. It does not prevent the creation of a lien as such (the status of the lien being another matter) against the vessel by an owner in favor of a supplier irrespective of the prohibitory terms of any mortgage covenant made by the owner to the mortgagee. To hold otherwise would be to nullify the effect of other provisions of the Ship Mortgage Act, 1920, in that a ship’s mortgage which failed to comply with the procedural requirements of the Act, necessary to achieve the status of a preferred mortgage, could nevertheless not only gain priority over the supplier’s claim but would relegate it to a non-maritime status where the supplier knew, or with due diligence could have learned, of the terms of the mortgage.”
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.