Hilbery v Hatton and Another
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1864 |
| Date | 01 February 1864 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 341
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 33 L. J. Ex. 190, 10 L. T. 39.
hilbery u. hatton and another. Feb. 1, 1864.-If a principal ratifies the purchase by hrs agent of a chattel which the vendor had no right to sell, he is guilty of a conversion although at the time of the ratification he had no knowledge that the sale was unlawful.-Therefore, where the plamtitfs ship was stranded on the coast of Africa, and unlawfully taken possession of rind sold by W. to T., the agent of the defendants, merchants at Liverpool, who, on being infoimed by their agent of the purchase and price, wrote in reply "We duly received your letter informing us of your having purchased the brig, but you do not say from whom you bought her, nor whether you have the register with her. You had better, for the present, make a hulk of her. From your description of her she is not out of the way in puce if she has not sustained much damage " Held, a ratification by the defendants of the tortious act of their agent, and sufficient evidence in trover of a conversion by them. [S. C. 33 L. J. Ex. 190, 10 L. T. 39.] 342 HILBRRY t. BATTON 2 H & C 321 Trover for a brig and stores. Pleas. Not guilty, and not possessed At the trial, before Bramwell, B, at the London Sittings after List Michaelmas Term, the following facts appeared -[823] The plaintiff, a shipownei in London, was owner of the brig " John Brooks," which was chartered by a meichant at Livei pool to carry a cargo to the river Bonny in Africa. The brig arnved oft the bar of that rive? on the 25th of November, 1862, when she got into shoal water by the breakers. The captain and crew left her and went on shore to piocure assistance A person named Ward, the consignee of the cargo, took possession of the bug and caused her to be brought up the river Bonny and surveyed , and without any authority whatever he put her up for sale by auction. The defendants were merchants at Liverpool, who traded to the coast of Africa. Their agent at the Bonny river was a person turned Thompson, who was employed principally to buy palm oil in exchange foi English goods. Thompson attended the sale, arid on the 1st of January, 1863, bought the ship and cargo for the defendants for 3301 12s. 6d , although he had no authority from them to enter into contracts of that description. On the 5th of January Thompson wrote to the defendants as follows .- "Bonny, "Messrs. Hatton &...
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