The Law Reports. Indian Appeals Volume 18

The Law Reports. Indian Appeals Volume 18

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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. 1891 edition. Excerpt: ...The keys were given to the banians with the intention of transferring possession. After the transfer of the keys, the goods remained under the exclusive custody andcontrol of the banians. The exception was when they were pledged to the Bank of Bengal. When that occurred the mode of transferring possession to the bank was precisely the same as- that by which possession was transferred to the banian. Under the agreement of June, 1873, as confirmed in 1875 and 1882, and acted on by the parties, the Respondents had within the meaning of sect. 171 of the Indian Contract Act (ix. of 1872) a lien on all the goods in question as a security for the general balance of their account. There was no evidence of any trust relating to the goods in favour of the consignors or any one. The respondents by their course of dealing with the firm of (1) 2 Ch. D. 278, 289. (4) 24 Ch. D. 54; 10 App. Cas. (2) Law Kep. 10 C. P. 354. 617. (3) 1 Moo. & Rob. 10. (5) 7 App. Cas. 573. (6) 6 Beav. 376; 12 L. J. (Ch.) 503. Vol. XVIII. H r J. 0. Tambaci had become in effect its bankers, and had a bankers' ixwl ' lien under sect. 171. The evidence shewed that, and it was Peacock moreover consistent with the ordinary functions of a banian. Byjnauth Those functions may be varied by agreement, but ordinarily a Graham & Co. banian is a native agent employed by his firm for the purpose BvjNAtjTh of saes collecting funds or other transactions, which from his better information and greater familiarity with the market and the people he is more able than his employers to conduct with advantage. His functions usually are to guarantee the regular payment of debts due to the firm by the buyers in the bazaar, to guarantee the safe custody of the goods in the godowns of the...show more

Product details

  • Paperback | 68 pages
  • 189 x 246 x 4mm | 141g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236962427
  • 9781236962423