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Cailiff and Another v Danvers

Maclean & Robinson's Appeal Cases English Reports Cited authorities 3 Cited in 4 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 March 1820
Date01 March 1820
CourtCourt of the King's Bench

English Reports Citation: 170 E.R. 112

IN THE COURT OF KING'S BENCH

Cailiff and Another
and
Danvers

[155] Thursday, March 1st. cailiff and another v. danvers. (A warehouseman is only bound to take reasonable and common care of any commodity entrusted to his charge ) sold the whole, and received the proceeds. The Court of K. B held, that the principal was entitled to withhold the proceeds from the assignees of the broker, who became bankrupt on the day on which he so received and misapplied the money. Taylor v Plumer, 3 M. and S. 562 (a) It is not usual to do so See Dogherty's Cro. Cir. Assist 476. (b) Vide Regina v Dentnan, 2 Lord Rayni 1221 , Woodfotd v Ashley, 11 East, 508 , Impey v. Taylui, 1 M and S. 166 ; Rex. v. Roper, 1 Stark 518. PEAKE1M. HELLISH V. MOTTEUX 113 Assumpsit against the defendant as a warehouseman, for negligently keeping a quantity of ginseng, which had been deposited by the plaintiffs in his warehouse ; whereby it had been destroyed and spoiled It appeared that the box containing the ginseng had been opened, by the plaintiffs' directions, for the purpose of shewing it to persotis who were about to purchase it. That several persons looked at it on different days, and every aight the lid of the box was shut down, but not nailed. That many cats were kept in the warehouse, and all possible care taken to destroy vermin, notwithstanding which the rats had got...

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