Hawkes And Another, Assignees Of Stephen Dunn v Samuel Dunn: 1831

The agent of a bankrupt who has made himself responsible for the price of goods, may stop them in transitu. But if, after they have reached a certain place, he give them in a new destination in furtherance of the bankrupt’s business, and in the course of the bankrupt’s trade, when they arrive at the place of such destination, they vest in the bankrupt, and pass to his assignees. A defendant received from A some bacon, really the property of a bankrupt, and the messenger under the commission asked him if he had not got some bacon of the bankrupt; to which he replied that he had some belonging to A ; upon which the messenger desired him to take care of it, and not part with it, as more would he heard of it. Afterwards the defendant allowed the bacon to be returned by A to the person from whom A had received it : – Held, that this was evidence of a conversion.

Citations:

[1831] EngR 100, (1831) 1 Cr and J 519, (1831) 148 ER 1529 (B)

Links:

Commonlii

Insolvency, Torts – Other

Updated: 15 May 2022; Ref: scu.319978