The History and Present Position of the Bill of Lading as a Document of Title to Goods: Being the Yorke Prize Essay for the Year 1913 |
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The History and Present Position of the Bill of Lading as a Document of ... W P Bennett No preview available - 2018 |
Common terms and phrases
16th century Admiralty authority Bank bearer Bill of Exchange Bill of Lading bonā fide holder bonā fide indorsee bonā fide transferee buyer cargo carrier Chapter charter party claim Commercial Code Common Law consignee consignor contract evidenced copy Cour de Cassation Court custom of merchants delivered Demy 8vo Document of Title England English Law evidence Factors favour freight functus officio held holder for value indorsed Bill indorsed in blank indorsee for value indorsement and delivery insolvency intention issued Lading Act Law Merchant Lickbarrow lien Lord Blackburn Lord Ellenborough Lord Selborne master mercantile agent negotiable instrument notice pass the property person plaintiff pledge provides right of action right of stoppage right to stop rule says seller seller's right shipowner shipped shipper Statute stop in transitu stoppage in transitu thereof thief or finder transferred by indorsement Uniform Bills unpaid vendor's right valuable consideration vendee vendor Yorke Prize Essay
Popular passages
Page 32 - ... sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 27 - Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent...
Page 31 - ... agent acting for him of the goods or documents of title under any sale, pledge or other disposition thereof to any person receiving the same in good faith and without notice of...
Page 31 - Where a person, having sold goods, continues or is in possession of the goods or of the documents of title to the goods the delivery or transfer by that person or by a mercantile agent acting for him, of the goods or documents of title under any sale pledge or other disposition...
Page 82 - A person to whom a negotiable document of title has been duly negotiated acquires thereby, (a) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value...
Page 82 - A person to whom a negotiable receipt has been ' duly negotiated acquires thereby (a) such title to the goods as the person negotiating the receipt to him had or had ability to convey to a purchaser in good faith for value, and also such title to the goods as the depositor or person to whose order the goods were to be delivered by the terms of the receipt had or had ability to convey to a purchaser in good faith...
Page 61 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 29 - ... (3.) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Act, be deemed to be with the consent of the owner.
Page 27 - mercantile agent" shall mean a mercantile agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods...
Page 36 - In such a case, if the vendor is unpaid, one of two innocent parties must suffer by the act of a third ; and it is reasonable that he who by misplaced confidence has enabled such third person to occasion the loss should sustain it " — and refers to the well-known case of Lickbarrow v.