Reeves v Capper and Another
| Jurisdiction | England & Wales |
| Court | Court of Common Pleas |
| Judgment Date | 26 November 1838 |
| Date | 26 November 1838 |
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...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Caldwell v Sumpters
... [CHANCERY DIVISION] ... CALDWELL v. SUMPTERS AND ANOTHER ... [1970 C. No. 106] ... 1971 June 25, ... Megarry J. Solicitor - Costs - Lien - Retention ... North Western Bank Ltd. v. Poynter (John) & Macdonalds [ 1895 ] A.C. 56 , H.L.(Sc.); Reeves v. Capper ( 1838 ) 5 Bing.N.C. 136 ; Watson v. Lyon ( 1855 ) 7 De G.M. & G. 288 , ... ...
-
Kathryn Bassano (Grantor/Claimant) v Alfred Toft (First Defendant) Peter Biddulph and Peter Biddulph Ltd (Second Defendants) Borro Loan Ltd and Borro Loan 2 Ltd (Third Defendants)
...but merely of custody: see Official Assignee of Madras v Mercantile Bank of India Ltd [1935] AC 53 (PC) at per Lord Wright at 64 and Reeves v Capper below. 54 In Reeves v Capper (1838) 5 Bing (NC) 136 a ship's master, Captain Wilson, pledged a chronometer to his owners, Messrs Capper, in re......
-
Edward Dohertt v Frederick H. Kennedy, William Findlater, and The Dublin City Distillery Company, Ltd
...Co. ([1906] 1 I. R. at p. 447), and they were admitted to take priority over the plaintiff's claim. (1) [1906] 1 I. R. 446. (1) 5 Bing. N. C. 136. (2) 6 E. & B. 726, (3) 11 C. B. (N. S.) 730. (4) L. R. 2 C. P. 38, 52. (1) 17 Q. B. D. 690. (1) 13 App. Cas. 489. (2) [1905] 2 K. B. 381, 772. (......
-
Lloyds Bank Ltd v Bank of America National Trust & Savings Association
... ... Burdick F3 and Reeves v. Capper F5 ; see also Bristol & West of England Bank v. Midland Ry. Co. F6 and Nyberg v ... were to be sold by the company not as owners but as persons entrusted with the documents by another for sale on the understanding that the documents, insurance policies, the goods and the proceeds of ... ...
