Mitchell and Another v Kahl and Others
| Jurisdiction | England & Wales |
| Court | High Court |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
English Reports Citation: 175 E.R. 1250
QUEEN'S BENCH, COMMON PLEAS AND EXCHEQUER
London Sittings, Hilary Term, 1862 mitchell and another v. kahl and otheks. (In an action against a broker who had professed on behalf of the owner of a ship to charter her to the plaintiffs, not having authority so to do, and who had requested them to charter themselves some other ship, and they having chartered a much larger ship at a higher freight:-Held, that they could not recover from the broker more than the difference of freight on the tonnage of the former ship, if they could have procured one of similar size, or had neglected to give the defendants notice of the substituted ship, so that he might use the surplus freight) Declaration, that in consideration that the plaintiffs would enter into a charter, (a) Vide Cross v Williams, 10 W. R. 302 In that case Pollock, C. B , observed arguendo, that officers or managers of dispensaries or hospitals are not liable personally for drugs, &c. supplied to those institutions ; but that was said in a case where it was disputed whether there had been any orders by or on behalf of the defendant, and must be supposed to have been meant of similar cases...
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The “Asia Star”
...288 (distd) Lesters Leather & Skin Co Ltd v Home & Overseas Brokers Ltd (1948) 82 Ll L Rep 202 (refd) Mitchell v Kahl (1862) 2 F&F 709; 175 ER 1250 (folld) OCBC Securities Pte Ltd v Phang Yul Cher Yeow [1997] 3 SLR (R) 906; [1998] 1 SLR 826 (refd) Patel v Hooper & Jackson (a firm) [1999] 1 ......
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The "Asia Star"
...an absolute proposition. The more reasonable position appears to us to be that encapsulated in Mitchell and Another v Kahl and Others (1862) 175 ER 1250; 2 F&F 709 (“Mitchell v Kahl”). In that case, the plaintiffs entered into a contract, through the defendants, with the defendants’ princip......
- The "Asia Star"
