Burdick v Sewell
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1884 |
| Date | 05 December 1884 |
| Court | House of Lords |
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34 cases
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Pacific Molasses Company v Entre Rios Compania Naviera S.A. (San Nicholas)
...which will be found expressed in paragraph 72 of the current (12th) edition, 1971. The learned editor quotes what Lord Bramwell said in Sewell v. Burdick (1884) 10 A. C. 74 at page 105: "'The truth is that the property does not pass by the indorsement, but by the contract in pursuance of wh......
- Albazero, The (Albacruz)
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Enichem Anic S.p.A. v Ampelos Shipping Company Ltd (Delfini)
...conclusion that the "soft option" of which Phillips J. took advantage is not open to this court. 38 I must now turn to the speeches in Sewell v. Burdick [1844] 10 App. Cas. 74. The central point for consideration was whether under the terms of the 1855 Act a holder of a bill of lading endor......
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The Aramis
...necessary to pass to a buyer by reason of the transfer and endorsement of the Bill of Lading is the decision of the House of Lords in Sewell v. Burdick (1884) 10 A.C. 74 and in particular the speech of Lord Selborne. At p. 84, Lord Selborne proposes as a test of the application of the 1855 ......
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4 books & journal articles
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UNRAVELLING THE IDENTITY OF THE CARRIER
...of the terms of the contract. See “The Ardennes”[1951] 1 K.B, 55; Crooks & Co. v. Allan(1879) 5 Q.B.D. 38 and Sewell v. Burdick(1884) 10 App. Cas. 74 at 105. 48 It is in fact akin to the well known rule of construction in contract law that there is a presumption that a party to a contract i......
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Third party rights under shipping contracts in English and South African law
...Court found that there was a degree of mutual co-operation between the carrier and the receiver of the cargo.142 135 Sewell v Burdick (1884) 10 App Cas 74 (HL). 136 Leigh & Sullivan Ltd v Aliakmon Shipping Co ( The Aliakmon) [1986] AC 785 (HL), [1986] 2 Lloyd's Rep 1 (HL). See also GH Treit......
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RIGHTS UNDER BILLS OF LADING: TRAWLING THROUGH SINGAPORE WATERS
...in The David Agmashenebeli[2003] 1 Lloyd’s Rep 92 will not be examined. 10 [1978—1979] SLR 416 at 419. 11 See J Sewell v James Burdick(1884) 10 App Cas 74 at 105; see also Playing Cards (Malaysia) Sdn Bhd v China Mutual Navigation Co Ltd[1980] 2 MLJ 182 (Federal Court of Malaysia). 12 See P......
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HOLDER OF A BILL OF LADING
...problems, some of which have been highlighted here. 1 See Scrutton, Charterparties and Bills of Lading (19th ed., 1984), p. 198. 2 (1884) 10 App. Cas. 74. 3 The analogy for this is found in the principles relating to bills of exchange where the person claiming payment (“the holder”), unless......