Hammonds and Another, Executors of Blight, against Barclay and Others, Assignees of Fentham a Bankrupt

JurisdictionEngland & Wales
Judgment Date12 February 1802
Date12 February 1802
CourtCourt of the King's Bench

English Reports Citation: 102 E.R. 356

IN THE COURT OF KING'S BENCH.

Hammonds and Another, Executors of Blight, against Barclay and Others, Assignees of Fentham a Bankrupt

hammonds and another, Executors of Blight, against barclay and others, Assignees of Fentham a Bankrupt. Friday, Feb. 12th, 1802. A principal gives notice to his factor of an intended consignment of a ship to him for the purpose of sale, and in consequence draws bills on him, which the factor accepts; and then the principal dies : and his executors direct the captain of the ship to follow his former orders ; who thereupon delivers the ship into the possession of the factor, who sells the same : Held that the factor has a lien upon the proceeds as well for the amount of money disbursed by him for the necessary use of the ship on its arrival, and for the acceptances by him actually paid, as for the amount of his outstanding acceptances not then due. This was an action of assumpsit for money had and received by the defendants for the use of the plaintiffs; to which the general issue was pleaded. At the trial at Guildhall before Lord Kenyon C.J. a verdict was found for the plaintiffs wjth 25561. 19s. 6d. damages, subject to the opinion of this Court on the following case : In April 1799 the testator J. Blight, who was then resident in Jamaica, and the owner of the ship " Julius Caesar," having on board a general cargo on freight for London, addressed the said ship to Fentham his correspondent in London ; and wrote him a letter dated the 17th of [228] that month to this effect : " I am now loading the ship ' Julius Caesar ' for London addressed to you, and I requested you to effect insurance on freight of the ship 40001. sterling; say 40001. sterling on ship 'Julius Caesar,' James Adams master, from Black Eiver; warranted to sail with convoy. I have also to request you to effect a further insurance on 50 tons of logwood." This letter was received on the 30th of July following. On the 9th of May in the same year Blight wrote a second letter to Fentham, which arrived in August following ; in which he says : "I hope my letters arrived in time for you to effect the insurance on the freight of the ship ' Julius Caesar,' as I mean to draw on you for 20001. sterling in part. You have my instructions to sell this vessel as soon after her arrival as possible. I think she will on inspection command 55001. sterling, ships being much in demand : but at all events sell her." On the 1st of May the ship sailed from her port of loading for her place of rendezvous at Jamaica to join convoy. And on the 2d of June Blight died ; intelligence ol which event having reached Captain Adams before the ship's departure from the place of rendezvous, he applied to the plaintiffs as executorSj both of whom then resided in Jamaica, for instructions how to proceed ; who thereupon directed Captain Adams to follow the instructions he had before received from the testator. In consequence of the above two letters from Blight, Fentham effected an insurance on the freight of the "Julius Caesar," the premiums of which amounted to 9821. 10s.: but a return of premium was afterwards made to the amount of 5701. And he also accepted three bills of exchange drawn upon him by Blight, two of which bills he duly paid before his bankruptcy to the amount of 6501. ; and the remaining bill [229] for 10001. is now outstanding against him. The said insurance was effected, and the acceptances were given, by Fentham before the ship's arrival in England, and before he had received any intimation of the death of Blight. On the 30th of September the " Julius Cffisar " arrived at London, and the captain, in consequence of the instructions he bad previously received, immediately put her under the charge of Fentham, and delivered over the ship's register to him : after which the latter disbursed a further sum for seamen's wages and the necessary...

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9 cases
  • State Bank of India Singapore v Rainforest Trading Ltd
    • Singapore
    • High Court (Singapore)
    • 4 August 2011
    ...v Clark (1881) 26 Ch D 257 (folld) Hammonds and Another, Executors of Blight v Barclay and Others, Assignees of Fentham a Bankrupt (1802) 2 East 227; 102 ER 356 (folld) Harrold v Plenty [1901] 2 Ch 314 (folld) Hunter v Hunter [1936] AC 222 (folld) Kong Swee Eng v Rolles Rudolf Jurgen August......
  • Hewett v Court
    • Australia
    • High Court
    • Invalid date
  • The Thames Iron Works Company v The Patent Derrick Company
    • United Kingdom
    • High Court of Chancery
    • 20 April 1860
    ...of Commerce (p. 551), Hosier's case (Yelv. 66), Whitaker on Lien (pp. 2, 142), Bozon v. Bolland (4 My. & Cr. 354), Hammonds v. Barclay (2 East, 227), Smith's Mercantile Law (p. 564), Clark v. Gilbert (2 Bing. N. C. 343), Legg v. Evans (6 M. & W. 36), British Empire Shipping Company v. Somes......
  • State Bank of India Singapore v Rainforest Trading Ltd and another
    • Singapore
    • High Court (Singapore)
    • 4 August 2011
    ...a common law lien is that by Grose J in Hammonds and Another, Executors of Blight v Barclay and Others, Assignees of Fentham a Bankrupt (1802) 102 ER 356, namely that it is a right in one man to retain that which is in his possession belonging to another, till certain demands of him, the pe......
  • Request a trial to view additional results

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