The Law Library Volume 43

The Law Library Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1844 edition. Excerpt: ... way of his trade or employ. That this class of property is exempt from distress has never been questioned. See Gisbourn v. Hurst, Salk. 249; 1 Inst. 47 a. But the dispute has always been in ascertaining whether the goods in each particular case were so circumstanced as to fall within it. The examples commonly cited as being clearly within the rule, are those of cloth bailed to a tailor to make a garment, or a horse standing in a smith's shop to be shod; so, too, goods of the principal in the t'actor's hands cannot be distrained by the factor's landlord; Gilman v. Elton, 3 B. & B. 75; for the advancement of trade as much requires that goods should be placed in a factor's hands for sale, as in a carriei-'s for carriage; and, on the same principle, goods deposited for safe custody in a warehouse or a wharf would not be distrainable for rent due in respect thereof. Thompson v. Mashiter, 1 Bingh. 283. Mathias v. Mesnard, 2 C. & P. 353. Lately, also, it has been decided that goods deposited on the premises of' an auctioneer, for the purpose of sale, are privileged from a distres for rent due in respect of those premises; Adams v. Grane, 3 Tyrwh. 326; 1 C. &. M. 390; for, to use the words of Bayley, B., "Interest reipublica"-: to bring buyers and sellers together at fixed places, where goods may be brought for the purposes of sale and exchange. This privilege is, therefore, of great importance to the owners of goods, who should not be exposed to the risk of losing them, from the default of the parties on whose premises they may be deposited for that purpose." In Brown v. Shevill, 2 Adol. & Ell. 138, a beast was sent to the premises of Wood-H93 ham, a butcher, to be...
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Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 1236879740
  • 9781236879745