Securities over Moveables
by William Shaw
Format: Paperback
ISBN13: 9780217988131
Paperback|9780217988131
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: had been endorsed and handed over by the owner of the whisky to a third party named Inglis in security, but Inglis failed to intimate his right to the store-keeper before a creditor of the original owner arrested the goods. It was held that the claim of the arresting creditor fell to be preferred in respect that at common law the endorsement and delivery of the warrants to Inglis without intimation to the warehouse - keeper left the property of the goods in the original owner, and that consequently they were liable to the diligence of his creditors. I shall refer to this case at a later stage when discussing the terms of the Factors Acts, but in the meantime I quote the opinion of Lord Watson on the law as to intimation being essential to complete the creditor's title. He says: It was not disputed by the appellant's counsel, and it is hardly necessary to repeat, that by the common law of Scotland the endorsation and hypothecation of delivery orders, although it may give the pledgee a right to retain the documents, does not give him any real right in the goods which they represent. He can only attain to that right by presenting the delivery orders to the custodier by whom they were granted and obtaining delivery of the goods from him, or by making such intimation of his right to the custodier as will make it the legal duty of the latter to hold the goods for him. His right, which, in so far as it relates to the goods, is in the nature of a jus ad rem, will be defeated if, before he has either obtained delivery or given such intimation, the goods are validly attached in the hands of the custodier by a creditor of the person for whom the custodier holds them. (2) From the observations made in both of these cases, you will note that stress is laid also on the second requisite, w...
| ISBN-13 | 9780217988131 |
|---|---|
| ISBN-10 | 021798813X |
| Weight | 0.41 Pounds |
| Dimensions | 9.00 x 6.00 x 0.28 In |
| List Price | $14.14 |
| Format | Paperback |
|---|---|
| Pages | 118 pages |
| Publisher | |
| Published On | 2009-08-01 |
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