Leading Cases in the Commercial Law of England and Scotland, Volume 2 |
Common terms and phrases
acceptance action afterwards agent Alexander appears assignees assumpsit authority bankrupt bankruptcy bargain bill of lading Bowie and Company buyer cargo casks circumstances claim Collard consignee consignor contract of sale Court creditors custody damages debt defendant delivered delivery-note entitled fact fraud Greenock ground Hastie and Company held Hilary Term horse indorsement insolvency interlocutor intimation judgment July June jury law of Scotland LICKBARROW lien LORD ELLENBOROUGH LORD MANSFIELD Lord Ordinary M'Ewen MELROSE merchants Messrs opinion order of delivery original vendor paid parcels party payment person plaintiff possession principle purchaser purpose pursuers question received refused remained rescind right of retention right to stop rule seller sent sequestration shew ship Sir Charles Forbes Smith sold Statute of Frauds stop in transitu stoppage in transitu Stoppel sugars tion transaction transfer trover trustee vendee verdict vessel vested warehouse warranty weighed wharfinger wheat whole wine Yates
Popular passages
Page 473 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 438 - POLLOCK now moved for a rule to shew cause why the nonsuit should not be set aside and a new trial had.
Page 8 - Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an actual delivery ; but it may be done by that which is tantamount, such as the delivery of the key of a warehouse in which the goods are lodged, or by delivery of other indicia of property.
Page 109 - MASON. ment so frequent in commerce as a bill of lading should be clearly defined, I think it necessary to state my ideas of its nature and effect. A hill of lading is the written evidence of a contract for the carriage and delivery of goods sent by sea, for a certain freight.
Page 102 - London, lost or not lost, with primage and average accustomed. In witness whereof, the master or purser of the said ship hath affirmed to four bills of lading, all of this tenor and date, the one of which bills being accomplished, the other three to stand void.
Page 54 - If goods are sold upon credit, and nothing is agreed upon as to the time of delivering the goods, the vendee is immediately entitled to the possession, and the right of possession and the right of property vests at once in him...
Page 466 - Upon a sale of specific goods for a specific price by parting with the possession, the seller parts with his lien. The statute contemplates such a parting with the possession, and therefore, as long as the seller preserves his control over the goods so as to retain his lien, he prevents the vendee from accepting and receiving them as his own within the meaning of the statute.
Page 445 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subject-matter of the contract that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in snch case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 336 - At the trial before Abbott, CJ, at the London sittings after Hilary term...
Page 442 - ... into and upon the said demised premises or any part thereof in the name of the whole to re-enter and the same to have again re-possess and enjoy as of his or their former estate anything hereinafter contained to the contrary notwithstanding.