The Montreal Law Reports Volume 3

The Montreal Law Reports Volume 3

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks


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. 1887 edition. Excerpt: ...given, to send a note or draft with the goods, which dates from the time mentioned. He says nowhere that it is the rule to sign the note or accept the draft before getting possession of the goods, which is the only question in the case. Asked in cross-examination if he ever knew of a case of a person 1887. MoGiilivrny Watt. being compelled to sign a bill or note when there was no agreement t0 do so, he replies: " I cannot give you an answer to that. What do I know " of other people's business. I have no answer to that at " all." Failing in proof of a custom, respondent changed his basis in review, and relied upon what in England is called the jus dbponendi. This is a rule, pretty generally recognized by the Courts in England, by which, when goods are ordered by a merchant in one country by correspondence from a merchant in another, the seller, even after shipment, is allowed to retain his hold on the goods until their arrival; and if the bills of lading are drawn to his own order and are accompanied by a draft for the amount, it is accepted as an indication of his intention of holding the goods until acceptance of the draft. In Shepherd v. Harrison, L. R., 4 Q. B. 23, 197, the facts were that the shippers in South America bought the goods for the plaintiffs in England, at their request, and shipped them to the plaintiffs, sending them a draft for the amount to which they "begged their protection." The plaintiffs took the bill of lading, but refused to accept the bill of exchange. Held, that'the jus disponendi had been reserved by the vendors. In Brandt v. Bowlbg/, 2 B. & Ad. 932, one Berkeley of Newcastle, ordered wheat from the plaintiffs B. & Co. of Petersburg. A dispute arose...
show more

Product details

  • Paperback | 170 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236977157
  • 9781236977151