It is no answer for an attorney, when sued in detinue for a deed which has been intrusted to him by a client, to say simply that he has lost it.
Cockburn CJ said: ‘The jury have found that he lost it: and I am of opinion that that must be taken to mean, in the absence of any explanation, that he lost it for want of that due and proper care, which it was his duty to apply to the keeping of it, unless it is qualified by circumstances shewing that the loss of the deed could not have been prevented by the application of ordinary care.’
Cockburn Cj
[1858] EngR 892, (1858) 5 CB NS 84, (1858) 144 ER 33
Commonlii
England and Wales
Citing:
See Also – Reeve v Palmer 1858
In detinue, when the defendant state that he has either lost the deeds or delivered them to the plaintiff, it will be for the jury whether he has in truth lost them ; subject to the question (b), whether, even supposing that he has lost them, he is . .
Cited by:
Cited – Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa SC 5-Dec-2018
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 05 December 2021; Ref: scu.289363