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Bankers' Advances on Mercantile Securities; Other Than Bills of Exchange and ...
Arthur Reginald Butterworth
No preview available - 2013
action actual advances agreement amount appear assigns authority Bank bankers bankruptcy become bill of lading blank bonds broker buyer certificate charge claim common Company consent contract course Court dealing debenture debt decision defendants delivered delivery deposited disposition documents of title effect entitled equitable estopped estoppel express fact Factors Act faith fraud give given governed ground hands held holder House important indorsed interest issued Lecture liability lien limited loan London Lord meaning ment mercantile agent merchant mortgage negotiable negotiable instruments notes notice obtained original owner paid particular party passed person plaintiff pledge possession present principle provisions purchaser question reason received referred regard registered respect retain rule scrip sell seller shares ship signed taken transaction transfer true trustee usage usury valid warrant
Page 181 - ... sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 181 - ... by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 68 - Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent : provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined.
Page 19 - Where there is a contract for the sale of specific goods, or where goods are subsequently appropriated to the contract, the seller may, by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled.
Page 84 - A right to rescind the sale as limited by this act. (2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and coextensive with his rights of lien and stoppage in transitu...
Page 84 - ... (a) A lien on the goods or right to retain them for the price while he is in possession of them; (b) In case of the insolvency of the buyer...
Page 12 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void.
Page 20 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration representing goods to have been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other persons signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Page 13 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.