Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-11-04
INTERESTING LAW REPORT
Sittings before Lord Kenyon and feel
al Jury Nf merchants.

COSLER V. GiLCHRIST AND ANOTHER.
The council for the plaintiff obf.rycd,
thar this action was brought to recover
large quantity Of coffee ard ;ooayco of the
Defendants, who had conceived they lad
right TO flop ,hefe gools in tranGtv.-
Blu, that point was completely ar5eRcd,
in confequence of the deciiion of Lick.
barro and NIaion. 1t was there held
that every holder of bill OF lading for
valuable confederation, had the abfclute
property in the goods, as much as the
holder OF bill OF exchange with an in
doriement upon it, had the property in it,
Lord Kenyon here afked what relation
'heie parties Rood 10 to one another.
The council for the plaintiff obferved,
that the defendants, who are merchants az
Liverpool, were the original owners Of
thcle goods, and fold them 70 Mr.. Eo.
race Walton, wao was merchant in Len
dan, in 1899. He fent theie goods to
his correspondents at Hamburger, the pre-
ient plaintiff, Mr.. Golfer. He at the
fame time fent him bill Of lading in.
doried, and bills Of exchange to the a.
mount Of 32ool to be accepted and
afterwards paid. Soon after ti.ie goods
were ihlpped, the defendants were inform
ed that Horace Walton was infolvent, and
they Immediately came up to London
They made the bet of their way after
the goods, and overlook them before they
mad reached the end of their voyage, and
the captain on receiving an indemnify
from them, delivered up the goods. ii
this coffee and tobacco had been coming
to Horace Walton, and the defendants
had been informed that he was in failing
circumstances, they would clearly havea
right to flop them, but, on the authority
Of the cafe Of Lickbarrow and Maion,
| which has cafe precifely in point, when
| the Defendants had fold thefe goods to
Walton, and Walton had ient them to the
Plaintiff, and at the fame time an indorEd
| bill OF lading, transferring the property,
and upon the credit Of which he had &C.
cepted bills to the a Mount Of 32ool. which
were paid, the right Of the defendants to
reclaim ,hete goods was entirely gone.
Mr.. Horace Walton, examined by MIR.
Adam, fad he was merchant ia London
in 1893, and lived in St. Mary Axe
He knew the plaintiff AMI defendants.
He had dealings with the defendants, who
lived at Liverpool. He bought the COT.
fee and tobacco in qpenion of them, ard
they exported them on his account to
Hamburg, to the plaintiff. In March,
1899, they exported 43 caiks of coffee,
and twelve hogihcads of tobacco. Being
ihewn bill of lading and number Of
bills OF exchange, he faid he had ient that
bill of lading indorfed to the plaintiff, ana
the bills of exchange had been accepted
and paid. He fold part of thefe bills to
wit, to the amount of zsool. to PeIient
and Bodlker, and RENTED the relt amount
ing to FOOL. to a corre{pondent at Fan,
burgh. Ihele bills were nevcr returned
or him, from which he inferred they were
| paid.
On crofs examination by Mr. Eylins
he faid, tine defendants drew bills on hin
for this cargo, which he accepted, bur, IN
fortunately, before theie bills came 10 ma.
turity, he had become infoIyent.
| MIR. Erfkine here obferved, that BIS
| ClleHtsJ tne ucIenoantS, DAD taken d1l ti'"
bills up end adyerted TO the cafe OF k5'
loch and Craig.
Lord Kenyon here oblerved, that tl'
original owners of the good. had 10 DO WIN
a third perlon. lit hsd been with tbe
afiignees of Walton, it would have bec'
very different. 1t fccmcd to him t1'
plaintiff had made out his cafe. His 'ofd'
flip a9ked Mr.. ErGsinc what he had toi''
| TO ii
Mr.. Erfkine, in his adireis 70 the gen.
l'elnen OF the jury, laid they void o.
ierve from the evidence, that the deiea
dants in this cafe were tic feIiers OF ihsis
goods TO Mr.. Wa:fon. they drew DD'
on MIR. Walton for the price of tseh.~
| lhete bills were accepsed bv Mr.. Walton