Fitzroy v Cave
| Jurisdiction | England & Wales |
| Date | 1905 |
| Year | 1905 |
| Court | Court of Appeal |
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25 cases
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Camdex International Ltd v Bank of Zambia
...of form [an absolute] assignment, and I think that beyond all doubt it passes the legal right to these debts to the assignee." 24 In Fitzroy v Cave [1905] 2 KB 364, the defendant was indebted to five tradesmen in Ireland in various sums amounting in all to £90 11s 5p in respect of goods sol......
- Bank of Commerce v Mahajaya Property Sdn Bhd
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Russell John Carman v v (1) the Cronos group SA (2) Cronos Containers NV (3) Cronos Containers (Cayman) Ltd
...also establish that the title of the assignee cannot be impeached even if the enforcement of the debt was motivated by malice. So in Fitzroy v. Cave [1905] 2KB, 364, the Court of Appeal upheld the validity of an assignment of debt even though it had been taken for the malicious purpose of b......
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Martell v Consett Iron Company Ltd
..."And in the 65 years which have elapsed since Findon v. Parker this principle has been carried even further. I may refer also to Fitzroy v. Cave. It is common knowledge that contracts of indemnity are recognised and unquestionably valid, and none the less because they may involve and indeed......
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1 firm's commentaries
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Top 5 Civil Appeals From The Court Of Appeal (September 2011)
...pre-existing commercial interest. He only had an axe to grind. In Frederickson, however, McLachlin J.A. referred to Fitzroy v. Cave, [1905] 2 K.B. 364 (C.A.) in which Cozens-Hardy L.J. likened the transfer of a debt, which is a chose in action, to the transfer of property in a "bale of good......
2 books & journal articles
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The Trendtex Principle in Australian Law: Context and Recent Developments
...of debt collecting and the removal of debt claims from the jurisdiction of the county court. For subsequent cases: Fitzroy v Cave [1905] 2 KB 364, 370 (Collins MR), 374, (Cozens-Hardy LJ (with whom Mathew LJ agreed)); County Hotel and Wine Co Ltd v London and North Western Railway Co [1918]......
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Third-Party Rights and Obligations
...a court did and when a court would grant legal rights under a contract to a third party? A. Assignment FITZROY v. CAVE Court of Appeal (1905), 2 K.B. 364 [¶1] Appeal from the judgment of Lawrance J. in an action tried before him without a jury. [¶2] The action was brought by the plaintiff a......