John Pearson and Henry Hampton v John Dawson
| Jurisdiction | England & Wales |
| Judgment Date | 28 May 1858 |
| Date | 28 May 1858 |
| Court | Court of the Queen's Bench |
English Reports Citation: 120 E.R. 576
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 27 L. J. Q. B. 248; 4 Jur. N. S. 1015.
[448] john pearson and henry hampton against john dawson. Friday, May 28th, 1858. A. purchased from D. certain goods, lying at D.'s bonded warehouse under the charge of D.'s warehouse keeper, and entered at the Custom House in D.'s name; A. paid D. by bills at three months. On the same day A. sold part of the goods, still lying at D.'s warehouse, to P., and gave him a delivery order on D. for specific goods. D., on receiving it, placed it on the file, and (unknown to P.) put P.'s name, as purchaser, opposite the entry of the specified goods in the sale book, in which he had originally entered A.'s name as purchaser. P. afterwards, on several occasions, gave to D. delivery orders for portions of the goods. D. thereupon signed a delivery order to his warehouse keeper, and those portions were delivered to P., he paying the duty. Without a delivery order by D. and payment of duties, the goods would not be delivered from the warehouse. -A. afterwards, and before the bills given by him were due, became insolvent; and the bills were dishonoured. D. refused to deliver the remainder of the goods to P., alleging that he was entitled to detain them till A.'s debt to him was paid. -Held, that he had no such right: that, by accepting the delivery order given by A. to P., without giving notice to P. of any contingent claim upon the goods in respect of A., D. must be held to have recognised P. as entitled to the absolute right in the property and the possession of the goods, and could not, as against P., set up any subsequent claim in respect of A. [S. C. 27 L. J. Q. B. 248; 4 Jur. N. S. 1015.] , This was a special case, stated by order of Crompton J. The material parts were as falllow. On 16th May 1857, defendant, a merchant in Whitehaven, consignee of a cargo of sugar from Jamaica, per " Orontes," had a sale of the augar at his warehouse. The terms of payment of sales of augar at Whitehaven are either cash, in which cage discount is allowed, or bills at three months. At the sale in question Mr. Askew, a grocer in Whitebaven, purchased the whole of the sugars ex The " Orontes " which had not been previously sold, including the twenty hogsheads hereinafter mentioned; and he gave his own acceptances at three months to the defendant for the purchase money, Samples of the sugars so purchased by Mr. Askew were then delivered to him by the defendant. The defendant, in accordance with his usual practice in such cases, entered in a EL BL. ft EL. 449. PEARSON V. DAWSON 577 book kept by him for the purpose, and called "The Sugar Book," the different sales effected on the occasion in question, with the [449] names of the respective purchasers written in ink opposite to the parcels of sugar which had been sold to them respectively. Alter the sale, and on the day it took place, the plaintiffs purchased of Askew for 7251. 5s. 7d. twenty of the hogsheads of sugar which the latter had purchased at the sale of the defendant: and on the following day they gave Askew their bill at three months for the amount. This bill was immediately indorsed for value by Askew, and has since been paid by the plaintiffs. Askew, on the resale of the twenty hogsheads, gave the plaintiffs the samples of them he had received from the defendant, and also a delivery order for them upon the defendant, of which the following is a copy. " Mr. John Dawson. " Please deliver to Messrs. Pearson & Hampton, or order, 20 hogsheads of sugar ex '"Orontes.'" [Here followed the trade marks of the parcels.] " Whitehaven, 15th May 1857. " james askew." This order was handed by the plaintiffs to the defendant on 18eh May 1857; on receipt whereof the defendant, in accordance with bis usual practice in such cases, placed it on his file, and wrote in pencil in the said book called "The Sugar Book" (but this was not known to the plaintiffs) the name of the plaintiffs' firm, viz. " Pearson & Hampton," opposite the particular hogsheads of sugar which...
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Edward Dohertt v Frederick H. Kennedy, William Findlater, and The Dublin City Distillery Company, Ltd
...A. C. 231. (1) 13 App. Cas. 489, at 494. (2) [1906] 1 I. R. 446. (3) 5 Bing. N. C. 136. (4) 6 E. & B. 726. (5) 11 C. B. (N. S.) 730. (6) E. B. & E. 448. (1) [1896] 1 I. R. 301. (2) [1897] 1 I. R. 488. (3) [1906] 1 I. R. 446. (4) 5 Bing. N. C. 136. (5) 6 H. & N. 828. (6) 17 Q. B. D. 690. (7)......