Lowber v. Bangs’s Empirical Analysis
69 U.S. 728 · 1865
Citation profile
16 federal appellate · 25 district · 19 state decisions
How this case has been cited
Cited by 84 later decisions (8 by the Supreme Court) — most recently June 2007 · most notably Norrington v. Wright (1885), Filley v. Pope (1885)
16 federal appellate · 25 district · 19 state decisions — followed in 13 states
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.
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Promptitude in the fulfilment of engagements is the life of commercial success. The state of the market at homeand abroad, the solvency of houses, the rates of exchange and of freight, and various other circumstances which go to control the issues of profit or loss, render it more important in the enterprises of the trader than in any other business. The result of a voyage may depend upon tlie day the vessel arrives at lier port of destination, and the time of her arrival may ho controlled by the day of her departure from the port whence she sailed. We.cannot forget these considerations in our search for the meaning of this contract.””
2 later decisions quote this exact passage · from the majority“that a statement of this kind in a charter-party, which may be regarded as a mere representation, if the object of the charter-party be still practicable, may be construed as a warranty, if that object turns out to be frustrated, because the instrument, it should seem, ought to be construed with reference to the intention of the parties at the time it was made, irrespective of the events which may afterwards occur.”
1 later decision quote this exact passage · from the majority“The construction to be put upon contracts of this sort depends upon the intentions of the parties, to be gathered from the language of the individual instrument.”
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.