Evans v Martell (or Marlett): 1697

Property is consigned not by the invoice but by the bill of lading. A bill of lading is capable of assignment. Any action against the master for a loss must be brought by the person in whom the property in the goods is vested. On a general consignment of the property, it vests in the consignee even though it may appear from the invoice that he is a trustee only. On a consignment to A for the use of B, the property is in B.

Citations:

[1697] 12 Mod Rep 156, [1697] 3 Salk 290

Jurisdiction:

England and Wales

Transport

Updated: 24 November 2022; Ref: scu.222773