Robert Foster, who, Company against Joseph Cockburn, Claiming the Property of a Ship, and a Parcel of Spanish Wines and Raisins seized by the Plaintiff
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1767 |
| Date | 01 January 1767 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 716
IN THE COURT OF EXCHEQUER
robert fohtkk, who, &c. ayainst joskhh cdukiil'kn, Claiming the Property of a Hbip, and a Parcel of Spanish Wines and Raisins seized by the Plaintiff. - t^pon a seizure of perishable goods, the court has a discretionary power to order a sale, without the consent of the claimer ; but cannot order the goods to be sold after judgment, pending a writ of error. Mr. Attorney General moved, on the behalf of His Majesty and the plaintiff', the last term, that the goods in question might be publicly sold by the commissioners of the customs, for the most money that could be got for them; and that the money PARKER, 71. IN RE WESTMINSTER f,ANP-TAK COMMISSIONERS 717 arising by the sale might be deposited in the hands of the warehouse-keeper, at the custom-house in the port of London, subject to the further order of the court. [71] He stated the case to the following effect: that these goods were seized in July 1744, and deposited in a warehouse at "Rochester ; That the wines had received considerable damage, both in quantity and quality; that the raisins were greatly decayed and perished, and, unless sold, they would in a, few months time become of little or no vnlue ; that the plaintiff'had laid out for the warehouse, cooperage of the wines, and other expences about the goods, above two hundred pounds ; and if the goods remained in the warehouse till Trinity term next, he must necessarily be at the further expence of thirty pounds and upwards ; that he had obtained judgment upon demurrer to the, defendant's plea, but that the defendant had brought a writ of error. And upon reading the plaintiffs and two other affidavits, and hearing Mr. Solicitor (lenenil on the same side, and Mr. Starkie for the defendant, the court made an order on the defendant, to shew cause according to the motion ; and on the 24th of February Mr. Starkie shewed cause, and made several objections ; and Mr. Attorney was heard in reply : and the court took time to consider of what had been offered on both sides till the 9th of May in this term, when [ delivered the opinion of the court. The question is, whether the court can order perishable goods to be sold, at the instance of the attorney-general and the plaintiff, without the consent of the claimer? [72] Add as to the...
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