Fragano v Long
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 1040
IN THE COURT OF KING'S BENCH.
S. C. 6 D. & R. 283; 3 L. J. K. B. O. S. 177. Principle applied, Alexander v. Gardner, 1835, 1 Bing. N. C. 677. Referred to, Ex parte pearson, 1868, L. R. 3 Ch. 451. Applied, Castle v. Playford, 1872, L. R. 7 Ex. 100. Referred to, Anderson v. Morice, 1875-76, L. R. 10 C. P. 613; 1 App. Cas. 713.
FRAGANC/ against LONG. 1825. A., resident at Naples, sent an order to M. and Co., hardwaremen at Birmingham, " to dispatch to him certain goods on insurance being effected. Terms, three months' credit from the time of arrival." M. and Co. (having marked the package with A.'s initials,) dispatched the goods by the canal to Liverpool, and effected an insurance, declaring the interest to be in A. At Liverpool, the goods were delivered by the agent of M. and Co. to the owner of a vessel bound to Naples, through whose negligence they were damaged: Held, that the property in the goods vested in A. as soon as they were dispatched from Birmingham, and that the terms of the order did not make the arrival of the 4B.&C.220. FKAGANO V. LONG 1041 goods at Naples a condition precedent to A.'s liability to pay for them, and that he might therefore maintain an action for the injury done to the goods through the negligence of the ship owner. [S. C. 6 D. & E. 283; 3 L. J. K. B. 0. S. 177, Principle applied, Alexander v. Gardner, 1835, 1 Bing. N. C. 677. "Referred to, Ex parte Pearson, 1868, L. E. 3 Ch. 451. Applied, Castle v. Playford, 1872, L. E. 7 Ex. 100. Eeferred to, Anderson v. Morice, 1875-76, L. E. 10 0. P. 613; 1 App. Cas. 713.] Assumpsit against defendant as owner of the brig or vessel " James and Theresa," for negligence in shipping a cask of hardware. At the trial before Hullock B., at the Lancaster Summer Assizes 1824, the following facts appeared in evidence...
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