A Selection of Leading Cases On Mercantile And Maritime Law. With Notes
A Selection of Leading Cases On Mercantile And Maritime Law. With Notes
Tudor, Owen Davies, 1818?-1887
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Assuming the real owner to have a capacity to consent^ it must ap- pear that the bankrupt had pos- session with such consent. Thus in Ex parte Bell, 1 De Gex, 577, some oil merchants gave a lien on oil belonging to them in the hands of other persons to a creditor, who, trusting to an incorrect re- presentation of the oil merchants, delayed taking possession or giving notice of lien, and the merchants repossessed themselves of the oil, mixed it with their general stock, and became bankrupt. It w...as held by Sir J. L. K. Bruce, V.-O, that the lien was good, and that the oil was not in the order and disposition of the bankrupts with the consent of the true owners. Upon the same principle, in Load V. Oreen, 16 M. & W. 216, where a person bought goods from the plaintiff with the fhiudulent in- tention of never paying for them, and kept them until his bankruptcy, it was held by the Court of Ex- chequer, that the goods were not in tiie possession, order, and dis- position of the purchaser with the consent of the true owner.
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