Henry Billings Brown
Judge Brown no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Brown treated controlling Supreme Court authority as dispositive when the facts fit the rule it had announced.
“I think this case practically determines the one at bar, and that the prayer of the petitioner must be granted.”
He protected a mortgagee as a purchaser for value when the mortgagee incurred new liabilities in reliance on the security.
“Under these circumstances, I deem it quite clear that he should be considered as a bona fide purchaser.”
Procedural preferences
Brown distinguished excusable passage of time from actual lack of diligence when considering whether to record a bankruptcy composition.
“I do not think that mere delay, unaccompanied by laches, is any ground for refusing to record this composition.”
He treated judicial approval of a bankruptcy assignee as an independent safeguard for minority creditors rather than a formality.
“he is bound to see that the rights of the minority are properly protected, and to refuse confirmation where he has good reason to suspect the assignee has been chosen in the interest of the bankrupts.”
Cautions
Brown strictly enforced the requirement that seamen sign shipping articles before departure and refused to treat a later signature as a waiver.
“The articles must be signed before leaving the port of departure, and if not so signed the shipment is void by the express language of section 4523.”
He required the injury itself, not merely the wrongful act, to occur on navigable water before exercising admiralty tort jurisdiction.
“to enable us to take cognizance of a maritime tort, the injury must have been consummated, and the damage received, upon the water.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“An order will be made for the re-arrest of the vessel.”
“A decree will be entered against the hull alone.”
“As the libellant expended his money and labor without authority, he is not entitled to recover, and his libel must be dismissed.”
“there is no evidence upon this point, and none to show that the as-signee agreed to accept the lease, the petition must be dismissed.”
“I see no harm that can now result to the original libellant from this motion, and it is, therefore, granted.”
“An order will be issued requiring Gibbs to vacate the lot in question, and the mortgagees to discharge their security.”
“I think this case practically determines the one at bar, and that the prayer of the petitioner must be granted.”
“I am compelled, therefore, to- disallow the claim for attorney’s fees, although it is conceded in this case to be reasonable in amount.”
“the court may make an order for the reimbursement of the amount paid to the marshal for his fees in giving the notices required by law (Bump, Bankr. p. 220), and it is so ordered.”
“For the residue, libellant is entitled to a decree, after deducting the amount received in the composition proceeding.”
“The exceptions to the petition are therefore overruled.”
“An order will be entered dismissing the information.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Brown's district tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Brown no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.