Meyer and Others, Assignees of Grant, a Bankrupt, v Sharpe and Others
| Jurisdiction | England & Wales |
| Judgment Date | 30 June 1813 |
| Date | 30 June 1813 |
| Court | Court of Common Pleas |
English Reports Citation: 128 E.R. 614
Common Pleas Division
614 MEYER V. SHARPE 5 TAUNT. 74. since dead, and it was prayed that Deese might therefore now stand on the record as the sole Demandant. The Court permitted the amendment. EN MEYER AND OTHERS, Assignees of Grant, a Bankrupt, v. SHARPE AND OTHERS. June 30, 1813. A merchant pledges for value the bills of lading of an expected cargo, his property, in the profits of which his agents abroad were interested in a certain proportion. His agents without the knowledge of the owner or the pawnees, dispose of part of the cargo abroad, after which the owner becomes a bankrupt : he induces the agents to replace the goods disposed of, by others, of which the agents give him bills of lading, and he sends them to the pawnees, to make good their security. Held that the assignees of the bankrupt might recover the substituted goods against the pawnees. ùA bill of lading is not a necessary instrument of the transfer of property in goods consigned to the owner.ùAn agent who is paid by a proportion of the profits of the adventure, is not therefore a partner in the goods. This was an action of trover brought to recover the value of certain quantities of tallow, isinglas, bristles, beeswax, hemp and flax, which constituted the cargo of the ship "Latona" from St. Petersburgh to London. Upon the trial of the cause before Mansfield C. J. at the sittings in London after Hilary term 1812, the Plaintiffs recovered a verdict for 13,3271. 5s. 7d., the agreed value of the goods, subject to the opinion of the Court on the following case. Grant was a merchant in London trading extensively to and from Russia ò he was not known by any person in this country to have any partner in any of his dealings or transactions. The Defendants were brokers in London employed by him to sell hie goods imported, and were in the habit of accommodating him with their acceptances, upon having such goods, or the bills of lading for them, put into their hands. In 1809, the bankrupt sent out the "Latona," (amongst other ships) to St. Petersburgh with a cargo, which he had purchased and paid for, consigned to Krehmer Lang and Co. of that place, who were to return the proceeds to him in Russian produce. Krehmer Lang and do. were interested in one-third of the profit and loss of the outward adventure, and in one half of the profit and loss of the homeward adventure. They in October 1809 purchased goods with such proceeds, and shipped them on board the "Latona" under bills of lading of that date, specifying the goods, deliverable to the orders of the shippers, and sent these bills of lading, unindorsed, to the bankrupt, who received them in February 1810, and on the 21st of the same [75] month he inclosed those bills of lading, together with those of another ship called the "Droning Maria," in a letter to the Defendants, stating that he sent them. the bills of...
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Smith and another, Assignees of the Estate and Effects of J. H. Sampson, a Bankrupt, against J. Watson and J. B. Locke
...a partnership if he have a specific interest in the profits themselves as profits. Ex parte Hamper (17 Yes. 404). Meyer v. Sharpe (5 Taunt. 74), has been cited to shew that Gill had no interest in the property, but in that case the bankrupt himself proved that he was the sole owner of the c......
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Norris and Desse, Demandants;-, Tenant;-, Vouchee
...and thinks that iu other actions the process on a justicies, is by summons, attachment, and distress infinite. 614 MEYER V. SHARPE 5 TAUNT. 74. since dead, and it was prayed that Deese might therefore now stand on the record as the sole Demandant. The Court permitted the amendment. EN MEYER......