Barber et Al v Meyerstein

JurisdictionEngland & Wales
Judgment Date22 February 1870
Judgment citation (vLex)[1870] UKHL J0222-1
CourtHouse of Lords
Date22 February 1870

[1870] UKHL J0222-1

House of Lords

Barber et al.
and
Meyerstein.
1

After hearing Counsel for the Appellants, as well yesterday as this day, upon an Appeal wherein Charles Barber, Edward Barber, and Frederick John Barber are Appellants, and William Meyerstein is Respondent; complaining (upon a Case stated by the said parties, pursuant to the provisions of "The Common Law Procedure Act," 17th & 18th Victoria, Cap. 125.,) of a Judgment of the Court of Exchequer Chamber, of the 20th of June 1867, affirming a Judgment of the Court of Common Pleas, of the 24th of November 1866; and praying their Lordships to reverse, vary, or alter the said Judgment of the Court of Exchequer Chamber, and to give such Judgment in the premises as to this House, in their Lordships great wisdom, may seem meet; and Counsel appearing for the Respondent in the said Appeal, the Counsel were directed to withdraw; and due consideration being had of what was offered for the Appellants:

2

Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgment of the Court of Exchequer Chamber, of the 20th of June 1867, affirming the said Judgment of the Court of Common Pleas, of the 24th of November 1866, and also the said Judgment of the Court of Common Pleas, be, and the same are hereby Affirmed, and that the said Appeal be, and the same is hereby dismissed this House: And it is also further Ordered, That the said Appellants, Charles Barber, Edward Barber, and Frederick John Barber, do pay or...

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8 cases
  • The Future Express
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • Invalid date
  • East West Corporation v DKBS 1912 (East West Corporation v Dampskibsselskabet AF 1912 A/S)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 February 2003
    ...as complete delivery of possession of the goods has not been made to some person having the right to claim under the bills: see e.g. Barber v. Meyerstein (1870) L.R. 4 H.L. 317; and Borealis AB v. Stargas Ltd. (The Berge Sisar) [2002] 2 AC 205, 224D per Lord Hobhouse. (d) The claim in bail......
  • P & O Nedlloyd BV v Utaniko Ltd; Dampskibsselskabet AF, 1912 Aktieselskab v East West Corporation [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 12 February 2003
    ...in the judgments: Albacruz v Albazero (The Albazero)ELR[1977] AC 774. Asiatic Prince, The(1901) 108 Fed Rep 287. Barber v MeyersteinELR(1870) LR 4 HL 317. Barclays Bank Ltd v C & E CommrsUNK[1963] 1 Ll Rep 81. Borealis AB v Stargas Ltd (The Berge Sisar)[2001] CLC 1084; [2002] 2 AC 205. Brit......
  • David Agmashenebeli, The (Cargo owners) v The David Agamashenebeli (Owners)
    • United Kingdom
    • Queen's Bench Division (Admiralty)
    • 31 May 2002
    ...v Hicks Anderson & CoELR [1991] 2 QB 113. Korle Lagoon, The (24 June 1971, High Court at Brussels). Meyerstein v Barber (1866) 2 CP 38; (1870) LR 4 HL 317. National Petroleum Co v AthelviscountUNK (1934) 48 Ll L Rep 164. Naviera Mogor SA v Societe Metallurgique de Normandie (The Nogar Marin......
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2 books & journal articles
  • RIGHTS UNDER BILLS OF LADING: TRAWLING THROUGH SINGAPORE WATERS
    • Singapore
    • Singapore Academy of Law Journal No. 2006, December 2006
    • 1 December 2006
    ...ground making it unnecessary for the appellate court to decide on whether the bill of lading was spent. 176 See Barber v Meyerstein(1870) LR 4 HL 317 and The Berge Sisar, supra n 96, at 224 per Lord Hobhouse of Woodborough. In The David Agmashenebeli, supra n 9, at 118, Colman J pointed out......
  • HOLDER OF A BILL OF LADING
    • Singapore
    • Singapore Academy of Law Journal No. 1995, December 1995
    • 1 December 1995
    ...102 at 105. 21 Ibid., note 25. 22 [1988] 2 Lloyd’s Rep 599, at p. 608. 23 [1990] 1 Lloyd’s Rep 252 at p. 269; citing Meyerstein v Barber(1870) LR 4 HL 317, at pp. 330 and 335. 24 The Report of the Law Commission and Scottish Law Commission on Rights of Suit in Respect of Carriage of Goods b......

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