A Selection of Cases On the English Law of Contract : Prepared As a Text-Book for Law Students in the Universities
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But we cannot. There is not a trace of such distinction between cases of past and present consideration to be found in the books. It is true there is no decision the other way ; but wherever the rule is laid down it is laid down without qualification, ■I'iz., that a transfer of a bill of lading for valuable consideration to a bonft fide transferee defeats the right of stoppage in transitu. It is true, no doubt, that opinions must be taken secundum subjectam materiam, but it is strange that no j...udge, no counsel, no writer ever guarded himself against appearing to lay down the rule too widely by mentioning this qualification, if he thought it existed. We cannot help saying then that not only is the case a novelty, but it is a novelty opposed to what may be called the silent authority of all the previous judges and writers who have dealt with the subject. More than that, in Vertue v. Jewell", where Lord Ellenborough goes out of his way to say that the plaintifl^ was not a transferee for valuable consideration so as to defeat the right of stoppage, he puts it, not on the ground that the consideration was past, as was the fact, but on the ground that the transferee had notice of the transferor's insolvency.
What to read after A Selection of Cases On the English Law of Contract : Prepared As a Text-Book for Law Students in the Universities?
You can find similar books in the "Read Also" column, or choose other free books by Finch, Gerard B. (Gerard Brown), 1835-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
But we cannot. There is not a trace of such distinction between cases of past and present consideration to be found in the books. It is true there is no decision the other way ; but wherever the rule is laid down it is laid down without qualification, ■I'iz., that a transfer of a bill of lading for valuable consideration to a bonft fide transferee defeats the right of stoppage in transitu. It is true, no doubt, that opinions must be taken secundum subjectam materiam, but it is strange that no j...udge, no counsel, no writer ever guarded himself against appearing to lay down the rule too widely by mentioning this qualification, if he thought it existed. We cannot help saying then that not only is the case a novelty, but it is a novelty opposed to what may be called the silent authority of all the previous judges and writers who have dealt with the subject. More than that, in Vertue v. Jewell", where Lord Ellenborough goes out of his way to say that the plaintifl^ was not a transferee for valuable consideration so as to defeat the right of stoppage, he puts it, not on the ground that the consideration was past, as was the fact, but on the ground that the transferee had notice of the transferor's insolvency.
What to read after A Selection of Cases On the English Law of Contract : Prepared As a Text-Book for Law Students in the Universities?
You can find similar books in the "Read Also" column, or choose other free books by Finch, Gerard B. (Gerard Brown), 1835-1913 to read onlineMoreLess
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