Gregg against Wells
| Jurisdiction | England & Wales |
| Judgment Date | 02 May 1839 |
| Date | 02 May 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 35
IN THE COURT OF QUEEN'S BENCH.
S. C. 2 P. & D. 296; 8 L. J. Q. B. 193. Qualified, Freeman v. Cooke, 1848, 6 D. & L. 190. Referred to Harding v. Hall, 1866, 14 L. T. 411.
[90] gregg against wells. Thursday, May 2d, 1839. The owner of goods, who stands by and voluntarily allows another to treat them as his own, whereby a third person is induced to buy them bona fide, cannot recover them from the vendee. G-,, the owner of the fittings of a public-house, demised them to D., who thereupon became tenant of the house to a third party, under an agreement which gave his landlord a lien on the fittings. G. was present at the execution of such agreement. D. afterwards sold the good-will and fittings, without G.'s knowledge or assent, to W., who, being told by the landlord that D. was hia tenant, bought them bona fide, in ignorance of G.'s title, and was accepted by the landlord as tenant in the place of D. Held that G. could not maintain trover for the fittings against W. And that the defence was admissible on the plea of not possessed. [S. C. 2 P. & D. 296 ; 8 L. J. Q. B. 193. Qualified, Freeman v. CooJce, 1848, 6 D. & L. 190. Referred to, Harding v. Hall, 1866, 14 L. T. 41 1.] Trover for goods, being the fittings and furniture of a public house. Pleas, 1. Not guilty. 2. Plaintiff not possessed of the goods as of his own property. On the trial before Lord Denman C.J., at the Westminster sittings after Trinity term, 1837, it appeared that, in 1835, plaintiff bought the good will, fittings, &c., of the public house, and put in Heath, a relation, as tenant, in whose name the business was carried on, and the requisite licences were transferred. The premises belonged to Messrs. Elliott and Co., brewers, who accepted Heath as tenant from year to year at the rent of seventy guineas. As the business proved unprofitable, Heath gave it up; and plaintiff, in January 1836, entered into the following agreement with one Durham. " Memorandum of agreement, made this 2d day of January 1836, between William Henry Gregg, of the one part, and Alexander Durham, of the other part. The said W. H. Gregg hereby agrees to let, and the said A. Durham hereby agrees to take, the public house called," &c., " with the fittings up of the same, and the several fixtures 4ind things now in and upon the same, to hold to the said A. Durham from Christmas last for one "year, at the yearly rent of 901., payable quarterly on the usual days; and the said A. Durham agrees to pay the said rent, and all taxes and outgoings, including sewer rate and land tax, and to keep all the premises in good and substantial repair, to use the said premises as a [91] public house, and for no other purpose ; and will do every thing to preserve the same as a public house, and duly licensed as the same now is ; to take due care of and preserve all the fixtures and fittings up now in the said premises, and, at the expiration of one year, surrender the same in good preservation together with the said premises, unto the said W. H. Gregg; provided always the said A. Durham shall be at liberty to purchase all the interest and right of the said W. H. Gregg in and to the said premises, fittings up, and fixtures...
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