Fells v Read
| Jurisdiction | England & Wales |
| Judgment Date | 07 March 1796 |
| Date | 07 March 1796 |
| Court | High Court of Chancery |
English Reports Citation: 30 E.R. 899
HIGH COURT OF CHANCERY
3VB8. JITN. 71. FELLS V. READ 899 fells v. read. March 1th, 1796. The Court will decree a specific chattel to be delivered up without measuring the value, where from its nature there can be no compensation by damages. In this instance the Defendant retained possession after the expiration of a limited time, for which he had received it upon a special trust and an express engagement to restore; and an action, which had been brought, was rendered ineffectual by the release of two of the owners, combining with the Defendant. The Plaintiffs were members of a club, called " The Past Overseers of St. Margaret's " Parish, Westminster," which consisted of persons, who had served the office of Overseer of the poor of that parish. This society had been for a long period in possession of a silver tobacco-box inclosed in two large silver cases, all which were adorned with several engravings of public transactions and heads of distinguished persons. The date of the box did not appear in the cause : but the ornaments, which had been added by different overseers during the time the box and cases remained in their custody, began in the year 1713. This box and the cases were always kept by the overseer for the time being; who upon coming into office received them from the churchwarden with a particular charge, in which he was injoined, under a penalty, to produce them at all meetings of the society, and to deliver them up on going out of office to the senior churchwarden, to be by him delivered to the succeeding overseer. They were delivered in the usual form to the Defendant Read, on his coming into office as overseer. On going out of office he refused to deliver them up, unless the vestry would pass his accounts; in which they had refused to allow him certain payments. Upon this a meeting was called ; and it was resolved by those members, who attended, that legal steps should be taken ; and after some negotiation an action was brought; and Read was arrested. Hanley and Byfield, two of the members, in whose name the action was brought, executed a release to Read ; who [71] delivered the box and cases to Hanley. An application was made to Mr. Justice Sutler at chambers to set aside the release : but that application failed. The bill was then filed against Read, Hanley, and Byfield, to have the box and cases delivered up. They were ordered to be placed in the custody of Master Leeds. It was...
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Smethurst v Commissioner of Police
...of Somerset v Cookson (1735) 3 P Wms 390 [ 24 ER 1114]; Saville v Tankred (1748) 1 Ves Sen 101 [ 27 ER 918]; Fells v Read (1796) 3 Ves 70 [30 ER 899]; Lloyd v Loaring (1802) 6 Ves 773 [31 ER 1302]; Lowther v Lowther (1806) 13 Ves 95 [ 33 ER 382 Aristoc Industries Pty Ltd v R A Wenham (Build......
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Specific Performance and Injunctions
...Duke of Somerset v Cookson (1735), 3 P Wms 390 (Ch) (antique silver altar piece inscribed in Greek); Fells v Read (1796), 3 Ves Jr 70, 30 ER 899 (Ch) (ornamented silver tobacco box owned by private club of former overseers of the poor); Thorn v Public Works Commissioners (1863), 32 Beav 490......
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Table of cases
...323 Fearn v Board of Trustees of the Tate Gallery, [2023] UKSC 4 ................. 310, 312, 314, 316 Fells v Read (1796), 3 Ves Jr 70, 30 ER 899, [1775–1802] All ER Rep 525 (Ch)........................................................................................ 534, 542 Felton v Callis......
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Table of Cases
...v. Skinner, [2002] 2 A.C. 732 (H.L.) ........................................................ 280 Fells v. Read (1796), 3 Ves. Jr. 70, 30 E.R. 899, [1775–1802] All E.R. Rep. 525 (Ch.) ................................................... 383, 391 Felton v. Callis, [1969] 1 Q.B. 200 ................
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Specific Performance and Injunctions
...Duke of Somerset v. Cookson (1735), 3 P. Wms. 390 (antique silver altar piece inscribed in Greek); Fells v. Read (1796), 3 Ves. Jr. 70, 30 E.R. 899 (ornamented silver tobacco box owned by private club of former overseers of the poor); Thorn v. Public Works Commissioners (1863), 32 Beav. 490......