Sir Roger Kerrison Knt. against Cole and Others, Excutors, Company of John Mann
| Jurisdiction | England & Wales |
| Judgment Date | 06 February 1807 |
| Date | 06 February 1807 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 330
IN THE COURT OF KING'S BENCH.
sir eoger kerrison knt. against cole and others, Executors, &e. of John Mann. Friday, Feb. 6th, 1807. Though a bill of sale for transferring the property in a ship by way of mortgage may be void, as such, for want of reciting the certificate of registry therein, as required by stat. 26 Geo. 3, c. 60, s. 17, yet the mortgagor may be sued upon his personal covenant contained in the same instrument for the repayment of the money lent. The plaintiff declared in covenant upon an indenture, made the 31st of May 1793, between himself and the testator, whereby in consideration of 25001. advanced by the plaintiff to the testator, and for securing the repayment of it, the testator bargained and sold to the plaintiff the ship "Triton," of Yarmouth, then trading to Newcastle; the ship " Hope," of Ely, then trading to Dantzick; the ship " Albicore," of London, then trading to London; the sloop " Squirrel," of London, then trading to London ; a moiety of the brig "Friends," of London, (describing all these vessels by their tonnage, &c.); and also three certain lighters, (describing them,) with a proviso for the indenture to be void upon payment by the testator, his executors, &c. of 25001. to the plaintiff on the 31st of August ensuing the date. The indenture also contained an express covenant by the testator, for himself, his executors, &c. to pay to the plaintiff the said 25001. with interest, &c. The declaration concluded with alleging a breach by non-payment of the money. The plea, after craving oyer of the indentufe, which was set forth in substance as in the declaration stated; with covenants for [232] the title of the testator, and for the quiet enjoyment of the plaintiff, and for further assurance; pleaded that the plaintiff and the testator, at the time of making (a)1 Bro. Corporation, pi. 43. Sed vide Com. Dig. Franchise, F, 19, and Th. Dig. lib. 4, e. 13, s. 3, 4, 7, andHil. 45 Ed. 3, 2. M. 8 H. 6, 1. M. 9 H. 6, 36. M. 20 H. 6, 9. M. 15 Ed. 4, 2. T. 4 H.-7, 13, and M. 32 H. 6, 10. (a)2 Vide Taunton v. Poster, 7 Term Rep. 431. 8 EAST, 233. KERRISON V. COLE 331 the*indenture, were subjects of the King, and that the ships and lighters mentioned had been registered pursuant to the stat. 26 G-eo. 3, c. 60, and that' certificates of registry of each of them had been granted pursuant to the Act. That the property of the said ships and lighters so intended to be transferred was then in the testator, and...
To continue reading
Request your trial
-
Bradshaw v McMullan
...the decisions in the latter Court. I am of opinion that judgment should be entered for the defendant. a. e. c. (1) [1901] 2 I. R. 433. (2) 8 East, 231. (3) 8 T. R. 411. (4) 3 H. & N. 572. (5) [1904] 1 K. B. 531. (6) [1906] A. C. 136. (7) [1892] 2 Q. B. 662; [1894] A. C. 383. (8) 42 I. L. T.......
-
Hughes v Morris
...this case, for this is not a case of transfer. [They referred to and commented on Pritchard v. Ovey (1 Jac. & W. 396), Kerrison v. Cole (8 East, 231), Langtm v. Norton (5 Beav. 9), Davenport v. IHiitmore (2 Myl. & Cr. 177), Foiled v. Delany (2 De G. & S. 235), Whitfield v. Parjitt (15 Jur. ......
-
Hopkins v Prescott
...of sale thereof; and that otherwise " such bill of sale should be utterly null and void to all intents and purposes." In Kemson v. Cole (8 East, 231), it was held, that, although a bill of sale for transferring property in a ship by way of mortgage, may be void, as such, for want of recitin......
-
The Most Honourable George Thomas John, Marquess of Westmeath, - Appellant; The Most Honourable James William Brownlow Cecil, Marquess of Salisbury; Henry Widman Wood, Esquire; the Honourable and Reverend Gerald Valerian Wellesley; William Sheldon, Esquire; the Most Honourable Emily Anne Bennet Elizabeth, Marchioness of Westmeath; and Lady Rosa Nugent, - Respondents
...paper that is now before the House, at least that I have had the good fortune to see ; and I do not know, therefore, how Kerrison v. Cole, 8 East, 231. s. p. ; Greenwood v. The Bishop of London, 5 Taunt. 743. s. p. ; Newman v. Newman, 4 M. & S. 66. [356] s. p. ; Spicer v. Heywood, Free. in ......