The History And Present Position of the Bill of Lading As a Document of Title to Goods : (Being the Yorke Prize Essay for the Year 1913) ;
The book The History And Present Position of the Bill of Lading As a Document of Title to Goods : (Being the Yorke Prize Essay for the Year 1913) ; was written by author Bennett, W. P. (William Porter) Here you can read free online of The History And Present Position of the Bill of Lading As a Document of Title to Goods : (Being the Yorke Prize Essay for the Year 1913) ; book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is The History And Present Position of the Bill of Lading As a Document of Title to Goods : (Being the Yorke Prize Essay for the Year 1913) ; a good or bad book?
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No indorsement of the Bill of Lading. Lord Bramwell, in the course of his judgment in Sewell v. Bardick^, speaking of the effect of the indorsement of the Bill of Lading, said at p. 105 : " The property does not pass by the indorsement but by the contract in pursuance of which the indorsement is made. If a cargo afloat is sold, the property would pass to the vendee^ even though the Bill of Lading was not indorsed." If the buyer of goods who has not received a Bill of Lading re-sells, the sub-bu...yer takes subject to the unpaid seller's right to stop in transitu (see ante). Prior to the Factors' Act, 1877, the subsequent indorsement of the Bill of Lading by the vendor could have had no effect on the buyer's title for he had already parted with his property in the goods and could not do so a second time. If the vendor assigned his rights under the contract to a third party the latter would presumably acquire the right of stoppage in the event of the buyer's insolvency, but the buyer's title would be unaffected, and the indorsement of the Bill of Lading could make no difference.
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