Trefftz and Son, - Appellants; Antonio Canelli, - Respondent
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 June 1872 |
| Date | 14 June 1872 |
| Court | Privy Council |
English Reports Citation: 17 E.R. 422
ON APPEAL FROM THE SUPREME CONSULAR COURT OF CONSTANTINOPLE.
Mews' Dig. tit. Bailment, 1. General Principles; tit. Bills of Exchange, O. Appropriation of Securities, 2. Remittances and Bills. S.C. L.R. 4 P.C. 277; 27 L.T. 252; 20 W.R. 842.
IX MOORE N.S., 22 TREFFTZ V. CANELLI [1872] [22] ON APPEAL FROM THE SUPREME CONSULAR COURT OF CONSTANTINOPLE. TREFFTZ AND SON,-Appellants; ANTONIO CANELLI,-Respondent * [June 14, 1872], C., a Merchant domiciled at Alexandria, being indebted to the Appellants, Merchants carrying on business at Leipsic, for the purpose of settling litigation between them, deposited with the Respondent (an English Merchant resident at Alexandria) certain Bills drawn in his favour as security for the Appellants' debt; the Respondent by the agreement between C. and the Appellants constituting himself a voluntary depositee of them, and undertaking to be responsible for them to the Appellants " until the effective encashment of them, which remains entrusted to C." : - Held, that the Respondent was not guilty of a breach of duty under this agreement in allowing C. to take the Bills when due, for encashment at his discretion, and was not bound to see that C. handed over the money to the Appellants. In this case the appeal was brought from a decision of the Supreme Consular Court of Constantinople, which reversed a judgment of the Consular Court of Alexandria. The judgment in the Consular Court of Alexandria was in favour of the Appellants. The Supreme Consular Court of Constantinople reversed that judgment. The Plaintiff, Edward Walters, as representing the Appellants, Merchants at Leipsic, in the Consular Court at Alexandria, claimed from the Respondent 12,000 francs, or 5543 florins, about 480, the amount of two Bills of Exchange mentioned in a [23] contract, which was in the Italian language, of which the following is a translation: - " In the year 1865, on the 21st day of October, at Alexandria in Egypt. " By the present private agreement the following has been agreed upon between the undersigned Advocate, Francesco Salone, as Agent of the Commercial Firm, J. T. Trefftz and Son, of Leipsic, as per Deed of the 31st of May, 1865, and Mr. C. B. Chilaiditi, representing the Commercial Firm, C. B. Chilaiditi and Co., established at Alexandria. " Mr. Salone in his above-mentioned character making use of the powers granted to him by virtue of the above-mentioned power of Attorney, received from Mr. C. B. Chilaiditi the following proposition, in order amicably to settle the litigation in this Consular Tribunal of Greece, whereby it is sought to compel payment by the Firm, C. B. Chilaiditi and Co., to the House of J. T. Trefftz and Son, of the sum of 10,140 silver florins and five cents, for the equal amount of goods consigned on the 15th of March, 1865, besides interest, until the complete payment, and also for the judicial costs and charges up to the present date. " 1. Mon. Chilaiditi declares himself to be indebted to the House of J. T. Trefftz and Son in the sum of 10,505 silver florins and 9 cents, as well for principal as interest, at the rate of 6 per cent, from the 15th of March up to this date, in addition to the sum of 249 francs, being legal expenses up to this date, the costs of the present instrument not being included. " 2. In payment of the above-mentioned sum, less the legal expenses, which he will pay by cash, he will deposit into the hands of Mr. Salone, in his above-[24]-mentioned character, four Bills to his order signed in favour of Mr. D. Piazzi, the original Agent of the House of Trefftz, as per Deed of the 31st of May, 1865, signed F. Salone, C. B. Chilaiditi, namely, one of 2642 silver florins and 80 cents, payable at two months' date, another of 2679 silver florins and 86 cents, payable at four months' date, a * Present:-Sir James William Colvile, Sir Montague Edward Smith, and Sir Robert Porrett Collier, 422 TRBFFTZ V. CANELLI [1872] IX MOORE N.S., 25 third of 2707 silver florins and 49 cents, payable at six months' date, and the last of 2735 silver florins and 69 cents, payable at eight months' date: there are included in these sums the respective interest at the rate of six per cent. " 3. In guarantee of these four drafts, Mr. Chilaiditi deposits into the hands of Mr. Antonio Canelli, an English Merchant, residing in this place, who, for this purpose, intervenes in the present instrument, the following Bills of Exchange in his own favour, signed by native Merchants of this place indebted to him, namely: -...
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