Wood v Rowcliffe
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1851 |
| Date | 12 May 1851 |
| Court | Exchequer |
English Reports Citation: 155 E.R. 602
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 20 L J Ex 285
602 wood v. RowcLnrFK e ex m WOOD v fiiHVCLlFLi'E May fJ, 1851 -A bill of sale assigned to li "all the household goods and fuinitute of eveiy kind and desuiption whatsoevei m the house, No 2 Meadow-place, more particulaily mentione l and set foith in an inventory or schedule of even date hetewith, and given up to It on the execution theieof " At the time of the execution, one chair was delivered to E in the name of the whole of the goods The inventory did not mention all the goods in the house Held, that no goods passed undet the bill of sale except those specified, in the inventory [S C 20 L J Ex 285 ] Trover foi goods and household futnituie Pleas, (intei alia), not guilty and not possessed At the trial, befoie Pollock, 0 B , at the London Sittings aftei Tiniity Term, 1850, it appealed th it the plaintiff claimed nuclei a lull of sale fiom the sheuff of Surrey, \)y which all the goods sei/ed uiulet an execution against one Alfied Knight, and in the schedule 01 inventory paiticulaily mentioned, weie assigned to the plaintiff T|ie schedule to th.it bill of sale specified all the good.s and fuinitute now claimed Tte plaintiff thereupon put a Miss Wnght into possession of the goods, and they wCie by her temoved to a house, No 2 Meadow-place, South Lambeth It further appealed, that, while in possession, Miss Wnght, as it was alleged, with the consent of! the plaintiff, executed a bill of sale to the defendant, by which, aftei leciting that the defendant had advanced to hei the sum of 3551, she conveyed to him "all the household goods and funiituie of evety kind and descnption whatsoevei in the said liQuse No 2 Meadow-place, more paiticulaily mentioned and setfoith in an inventory of schedule of even date heiewith, and given up to the said Geoige Kowchfie on the execution hereof" It was stated at the end of the deed, that Miss Wright had put the defendant into possession by deliveiing one chan in the name of the whole of the said goods All the goods and furniture, for the con [408]-veision of which the action wps biought, weie in the house, but some weie not specified in that inventory It was contended, on behalf of the defend int, tbat he was entitled as against the plaintiff to hold the goods undet the bill of sale from Miss Wnght To this it was answered, that the bill of sale operated only as an assignment of the goods and...
To continue reading
Request your trial
-
Re Royal Marine Hotel Company, Kingstown Ltd
...LidwellUNK 11 Ir. C. L. R. 320. Shears v. JacobELR L. R. 1 C. P. 513. Tailby v. Official ReceiverELR 13 App. Cas. 523. Wood v. RowcliffeENR 6 Ex. 407. Wright v. HortonELR 12 App. Cas. 371. Company — Bill of Sale — Non-renewal of Registration ——— Description of chattels by reference to sched......
-
Whateley v Spooner
...(1 Mer. 646), Habergham, v. Vincent (2 Ves. jun. 204; S. C. 4 Bro. C. C. 353), Johnson v. Ball (5 De G. & S. 85), and Wood v. Bffwdiffe (6 Exch. 407). vice-chancellor Sir W. page wood. I have considered this case during the argument, and it [547] is clear to me that the words "such sums of ......
-
Cort v Sagar
...having obtained a rule accordingly, Overend and Rew now shewed cause. The schedule governs the construction of the deed, Wood v. Eowcliffe (6 Exch 407). The healds, reeds, &c., are not any part of the looms made by Sagar and Dickinson, which alone were intended to pass. The healds and reeds......