Reeves v Capper and Another
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1838 |
| Date | 26 November 1838 |
| Court | Court of Common Pleas |
English Reports Citation: 132 E.R. 1057
IN THE COURT OF COMMON PLEAS
S. C. 6 Scott, 877; 1 Arn. 427; 8 L. J. C. P. 44; 2 Jur. 1067. Applied, Walker v. Clyde, 1861, 10 C. B. (N. S.) 397. Adopted, Donald v. Suckling, 1866, L. R. 1 Q. B. 601, Referred to Meyerstein v. Barber, 1866-70, K, R, 2 C, O, 52M 661L L. R. 4 H. L. 317. Discussed, Bateman v. Gren, 1867, Ir R. 2 C. L. 191. Rererred to, Burdick v. Sewell, 1888, 39 Ch. D. 677. Applied, Cochrane v. Moore, 1890, 25 Q. B. D. 61. Referred to, Mills v. Charlesworth, 1890-92, 25 Q. B. D. 425; [1892] A. C. 231.
[136] beeves i . capper and another. Nov. 26, 1838. [S. C. 6 Scott, 877; 1 Arn. 427; 8 L. J. C. P. 44; 2 Jur. 1067. Applied, Walker v. Clyde, 1861, 10 C. B. (N. S.) 397. Adopted, Donald v. Suckling, 1866, L. B. 1 Q. B. 601. Referred to, Meyerstein v. Barber, 1866-70, L. E. 2 C. P. 52, 661; L. E. 4 H. L. 317. Discussed, Bateman v. Green, 1867, Ir. E. 2 C. L. 191. Eeferred to, Swdick v. S&wett, 1883-84, lOIQ. B. D. 367; 13 Q. B. D. 159; 10 App. Gas. 74. Followed, Hilton v. Tucker, 1888, 39 Ch. D. 677. Applied, Cochrane v. Moore, 1890, 25 Q. B. D. 61. Eeferred to, Mills v. Charles-worth, 1890-92, 25 Q. B. D. 425; [1892] A. C. 231.] W. captain of a ship, pledged his chronometer, then in the possession of the makers, to Defendants, the owners of the ship, in consideration of their advancing him 501., and allowing him the use of the instrument during a voyage on which he was about to depart: after the voyage he placed it at the makers, and there pledged it to Plaintiff, for whom the makers, being ignorant of the pledge to Defendants, agreed to hold it: the money advanced by Defendants not having been repaid, Held, that the property in the instrument was in Defendants. Issue under the Interpleader Act, to try the right to a chronometer in the possession of Messrs. Barraud, against whom an action of trover had been brought to recover the value of it. At the trial, it appeared that one Wilson, the original owner of the chronometer, and captain of the ship "Don Giovanni," on the 23d December 1836, being about to proceed on a voyage, obtained an advance of money from the Defendants, the owners of the ship, on signing the following document, addressed to them :-" In consideration of your advancing me 1001., on account of this voyage, instead of the usual advance of 501., I make over to you, as your property, until the said sum is repaid, my chronometer and all my nautical instruments, now on board the 'Don Giovanni/ you allowing me the use of the same for this voyage." At the time of making this agreement, the chronometer was in...
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