Maclish v Ekins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 807
COURT OF KING'S BENCH
[73] maclish vers. ekins. The property in a Navy bill cannot pass without an assignment of the Navy bill. In a case reserved, in an action of trover, it was stated; that the plaintiff, being owner of a ship, let it to the Commissioners of the Navy; that the plaintiff, who resided in Scotland, by a letter of attorney empowered Todd, who resided in London, to receive all freight and profits due to him as owner of the ship, to give discharges for the same, and do every thing relative to the premises, which the plaintiff himself could lawfully do; that Todd received from the Commissioners of the Navy a Navy bill for twelve hundred pounds, to be paid to the plaintiff and his assigns ; that Todd, after having pawned the Navy bill to Honywood and Fuller, ordered their clerk to sell it, and place the money arising from the sale to his account; that the clerk sold it to Hawkes at a fair market price, and placed the money to Todd's account; that Hawkes sold it to the defendant at a fair market price; that Todd, in a bill of sale of his goods, which he afterwards executed to the defendant, called himself agent for the plaintiff; and, after reciting the sale of the Navy bill to the defendant, gave him full power to receive the money thereupon due, and covenanted to maintain his claim thereto against all persons whatsoever; and that the action was for the conversion of the Navy bill. The question was, whether Todd had an authority, either to pawn or sell the NavybilH It was holden that he had not. And by the Court-It has been said ; that Todd had an interest in the Navy bill, as well [74] as an authority to receive it: but we are of opinion, that he was only empowered by the letter of attorney to act as agent for the plaintiffs. It has been said; that if Todd...
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