A Treatise of the Law Relative to the Rights of Lien and Stoppage in Transitu |
Common terms and phrases
Abbot acquired act of bankruptcy action of trover afterwards agent agreement assignees attorney balance due bankrupt bill of exchange bill of lading broker Buller Burr Campb carrier Chancery CHAP circumstances cited common law considered consignee consignor contract court court of Chancery court of equity Cowp creditor debt Deeze defendant delivery determined divested Doug East entitled equity Exparte factor farrier former Goss hands indorsement Kenyon Kinlock Kirkman latter Lickbarrow Lord Ellenborough Lord Mansfield master ment notis owner packer paid particular lien party claiming pawned pawnee pawnor payment plaintiff pledge Prescot principal purpose Raym received retain right of lien right of stoppage right to stop royal 8vo rule seems Shawcross ship sold solicitor statute stoppage in transitu Taylor tender third person tion tradesman trouble or expence usage of trade vendee vendor vols wharfinger
Popular passages
Page 144 - If I sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainee or buyer...
Page 188 - The goods had so far gotten to the end of their journey that they waited for new orders from the purchaser to put them again in motion, to communicate to them another substantive destination, and that without such orders they would continue stationary...
Page 217 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 55 - ... debt; but that it never could be taken, to be law, that a trader could not sell his property when his affairs became embarrassed, or assign them to a person who would assist him in his difficulties, as a security for any advances such person might make to him.
Page 207 - ... on the completion of the voyage; that the case put, that the consignee had a right to go out to sea to meet the ship, could not be supported, as it might go the length of saying that the consignee might meet the vessel coming out of the port, from whence she had been consigned, and that...
Page 39 - The right has been extended to those cases where goods have been delivered to a tradesman for the execution of the purposes of his trade...
Page 78 - And though a solicitor have a lien on a deed for his costs, yet if his client is bound to produce it for the benefit of a third person, so also is the solicitor ; the right of lien existing only as between his client and him (K).
Page 195 - ... and were afterwards, under the immediate orders of the vendee, thence actually launched again in a course of conveyance from him, in their way to Boston ; being in a new direction prescribed and communicated by himself. And if the transit be once at an end, the delivery is complete, and the transitus for this purpose cannot commence de novo, merely because the goods are again sent upon their travels towards a new and ulterior destination.