KUM AND ANOTHER v. WAH TAT BANK LTD. AND ANOTHER

[1971] 1 Lloyd's Rep. 439

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL

Before Lord Upjohn, Lord Devlin and Lord Pearson

Conversion - Misdelivery of goods by carrier without production of mate's receipts - Whether mate's receipts equivalent to bills of lading - Custom of trade - Whether carriers and shippers estopped from denying consignee's right to possession and precluded from ordering delivery of goods to any other person - Liability of carrier. Mate's receipts - Whether documents of title - Effect of custom of trade and words "not negotiable". Bill of lading - Function - Whether to effect delivery as between consignee and consignor. Estoppel - Mate's receipts - Whether shipper and carrier estopped from denying consignee's right to possession.