Farquharson Brothers and Company v J. King and Company

JurisdictionEngland & Wales
Judgment Date17 June 1902
Judgment citation (vLex)[1902] UKHL J0617-1
CourtHouse of Lords
Date17 June 1902

[1902] UKHL J0617-1

House of Lords

Farquharson Brothers and Company
J. King and Company.

After hearing Counsel, as well on Friday last as Monday last, upon the Petition and Appeal of Farquharson Brothers and Company, of 85 Grace-church Street, in the City of London, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 20th of July 1901, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of J. King and Company, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause :


It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 20th day of July 1901, complained of in the said Appeal, be, and the same is hereby, Reversed : And it is further Ordered, That the Judgment of Mr. Justice Mathew, of the 19th day of June 1901, thereby set aside, be, and the same is hereby, Restored : And it is further Ordered, That the Respondents do pay or cause to be paid to the said Appellants the costs incurred by them in the Courts below, and also the costs incurred by them in respect of the said Appeal to this House, the amount...

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27 cases
  • Sorrell v Finch
    • United Kingdom
    • House of Lords
    • 12 May 1976
    ...nevertheless fall outside their authority; see the monitory observations of Lord Halsbury, L.C., in Farquharson Bros & Co. v. King & Co. [1902] A.C. 325, at 331-2. In such circumstances, as in the instant case, where the issue raised is, which of two innocent parties is to suffer for the de......
  • Moorgate Mercantile Company Ltd v Twitchings
    • United Kingdom
    • House of Lords
    • 16 June 1976
    ...to safeguard it and that he may sue for its recovery any person into whose hands it has come (see Farquharson Bros. & Co. v. King & Co. [1902] A.C. 325 per Earl of Halsbury p. 332 and piu andante Lord Macnaghten p. 336). He is not estopped from asserting his title by mere inaction or silenc......
  • Armagas Ltd v Mundogas SA (The Ocean Frost)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 October 1984
    ...doctrine, that that is enough to make them liable for that loss, is, as Lord Lindley said in Farquharson Brothers & Co. v. King & Co., (1902) AC 325, 342, "far too wide". In all the circumstances of this case any loss must fall on the plaintiffs 38Furthermore, on that aspect of the case, I ......
  • Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore) Pte Ltd and Another and Another Suit
    • Singapore
    • High Court (Singapore)
    • 31 August 2009
    ...office. It was held that the defendant was not liable for the acts of the secretary. (g) In Farquharson Brothers & Co v C King & Co [1902] AC 325, there was no holding out. A confidential clerk of the plaintiff company, whom the plaintiff had trusted for years, sold the plaintiff’s timber w......
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3 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...135 Fales v Canada Permanent Trust Co, [1977] 2 SCR 302, 70 DLR (3d) 257......... 75 Farquharson Brothers & Co v King & Co, [1902] AC 325 (HL) ........237, 242, 243 Fields of Athenry Resort Corporation v Grey, 2018 NLSC 230..........................107 Firestone Tire & Rubber Co of Canada v......
  • Competing Rights
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ..., [2001] EWCA Civ 381, [2001] 1 WLR 1437 at para 31. 9 [1957] 1 QB 371 at 394 (CA). See also Farquharson Brothers & Co v King & Co , [1902] AC 325 at 335–36 (HL) [ Farquharson Brothers ]. 10 (1884) 26 Ch D 482 (CA) [ Northern Counties ]. THE L AW OF PROPERTY 238 part of the defendant to the......
    • Singapore
    • Singapore Academy of Law Journal No. 1994, December 1994
    • 1 December 1994
    ...quoted in H Wilkinson, Personal Property (1971), at 172, footnote 46. 41 P S Atiyah, The Sale of Goods (8th ed), at 353, footnote 41. 42 [1902] AC 325 at 335—6. It is true that Lord Macnaghten excluded from this statement of law a sale made in a market overt. However, it has to be stressed ......

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