Fisher v Smith

JurisdictionEngland & Wales
Judgment Date14 November 1878
Judgment citation (vLex)[1878] UKHL J1114-2
CourtHouse of Lords
Date14 November 1878

[1878] UKHL J1114-2

House of Lords

Fisher
and
Smith.
1

After hearing Counsel for the Appellant this day upon the Petition and Appeal of Joseph Fisher, Shipowner, of Barrow-in-Furness, in the county of Lancaster, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 30th of May 1877, so far as regards the words "It is Ordered that the Judgment obtained by the Plaintiff against the Defendant in the Exchequer Division of the High Court of Justice be reversed, and that a verdict be entered for the Defendant," and also the words "And it is further Ordered that the Defendant have all costs," might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order (so far as aforesaid) might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed Case of William Digby Smith lodged in answer to the said Appeal; and Counsel appearing for the Respondent but not being called on; and due consideration had of what was offered for the Appellant;

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal of the 30th of May 1877, complained of in the said Appeal, be and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby dismissed this House: And it is further Ordered, That the Appellant do pay or cause to be paid to the said Respondent the Costs...

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5 cases
  • Pan-United Shipyard Pte Ltd v Chase Manhattan Bank (National Association)
    • Singapore
    • Court of Appeal (Singapore)
    • March 12, 1999
    ...Ltd (1990) (Court of Appeal, UK) (folld) Jacobs v Latour [1824-1834] All ER Rep 96 (distd) Joseph Fisher v William Digby Smith (1878) 4 App Cas 1 (refd) Ladd v Marshall [1954] 1 WLR 1489 (folld) Narada, The [1977] I Lloyds Rep 256 (folld) Pontin v Wood [1962] 1 QB 594; [1962] 1 All ER 294 (......
  • Heath Lambert Ltd v Sociedad de Corretaje de Seguros and another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • October 14, 2003
  • L. J. Korbetis v Transgrain Shipping Bv
    • United Kingdom
    • Queen's Bench Division
    • June 9, 2006
    ...the assured. Decision ot the Court 23 In answer to Banesco's submission Mr Jowell relied essentially on 2 cases. 24 In Fisher v Smith (1878) 4 App Cas 1 (HL) 1 the House of Lords was concerned with another situation involving an intermediary analogous to this case and upheld the lien. As Ca......
  • Hope (John D.) & Company v Glendinning
    • United Kingdom
    • Court of Session
    • December 9, 1910
    ...(1895) 22 R. 740. 9 Meikle & Wilson v. PollardSC, (1880) 8 R. 69; Robertson v. RossSC, (1887) 15 R. 67. 1 Fisher v. SmithELR, (1878) 4 App. Cas. 1; Gloag and Irvine on Rights in Security, pp. 343, 346; Bell's Comm. (M'Laren's edition), ii, 88; Bell's Prin., secs. 2 In re London and Globe Fi......
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