Goodhart v Lowe
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1820 |
| Date | 16 December 1820 |
| Court | High Court of Chancery |
English Reports Citation: 37 E.R. 661
HIGH COURT OF CHANCERY
See Schotsmans v. Lancashire & Yorkshire Railway Company, 1867, L. R. 2 Ch. 339.
goodhart v. lowe. Dec. 15, 16, [1820J. [See Schotsmans v. Lancashire & Yorkshire Railway Company, 1867, L. R. '2 Ch. 339.] Injunction to restrain the sailing of a vessel, containing goods sold to a person who had become insolvent, but over which the Plaintiff retained a right of stoppage in transitu, refused. A court of equity has not jurisdiction in any case to stop goods in transitu. Semble. The Plaintiff contracted to sell to the Defendant Lowe, twenty-five hogsheads of sugar for exportation, and to deliver them at the warehouses of the London Dock Company, to be shipped on board a vessel provided by the Defendant. It was agreed that the Plaintiff should pay all expences that might be incurred before they were shipped, and that the purchase-money should be paid by the Defendant upon the shipment, and before the vessel sailed. The sugars were accord-[350]-ingly delivered at the Company's warehouses, and receipts were given to the Plaintiff 6G2 GOODHART V. LOWE 2 JAC. Sc W. 351. by the warehouse-keeper : at the request of the Defendant, they were afterwards...
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Straker v Ewing
...by the combined effect of the peculiar position of risk in which this cargo would have been placed had it arrived in IndiaGoodhart v. Lowe (2 Jac. & W. 349); Browne v. Hare (3 Hurl. & N. 484); New Brunswick, &c., Company v. Omybeare (9 H. of L. Cas. 711). Mr. Stephens, for Nasmyth. ......