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Carter v Sheppard

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1795
Date01 January 1795
CourtCourt of the King's Bench

English Reports Citation: 91 E.R. 433

COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.

Carter
and
Sheppard

Pasch. 10 Will. 3, B. R.

2. carter versus sheppard. [Pasch. 10 Will. 3, B. R.] A. receives money of B. by the hands of C., it is A.'s money, and he must abide by the loss. See 6 Mod. 36. 2 Salk. 442. 5 Mod. 298, S. C. Comb. 475. Cases B. R. 189. Vide ante, 442, &c. ib. 3 Mod. 86. 3 Lev. 299. 2 Show. 296, 297, Molloy lib. 2, c. 10. Comb. 475, S. C. Hob. 154. 2 Mod. 23, 24. Upon a point referred at Nisi Prius, the case was, H. having a note of 1001. upon a goldsmith, goes to receive it: while he is in the shop, one Daly brought money in 434 PEERS OF THE REALM 2 SALKBLD, 808. to pay to the goldsmith, who thereupon orders H. to receive the money of Daly ; accordingly H. receives 501., part of his hundred, pulls a bag out of his pocket, puts the money into the bag, lays it down by him, and proceeds to tell the rest; in the mean time [508] a stranger comes in, catches the bag of 501. from him, and runs away. H. brings trover against the goldsmith for his note, pretending the property of the 501. remained in the goldsmith, though put into the plaintiff's bag; for he had still a right to count it over, and so it was not absolutely paid to the plaintiff. Cur. contra: H. had appropriated the money, by putting it into his bag, and might bring trover for the bag and money, as well as if he had put both bag and money into his pocket.

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