TRUCKS & SPARES, LTD. v. MARITIME AGENCIES (SOUTHAMPTON), LTD.

[1951] 2 Lloyd's Rep. 345

COURT OF APPEAL.

Before Lord Justice Denning, Lord Justice Hodson and Mr. Justice Lloyd-Jacob.

Detinue-Title to goods-Sale of goods- Shipment - Delivery by carrier to purchasers at destination - Right of purchasers to delivery without production of bills of lading-Proof of title- Sale of goods by H. to plaintiffs (Canadian company) - Goods shipped by H. to Canada in defendants' ship- Freight prepaid - Shipping charges owing by H. to defendants in respect of previous shipments-Refusal by defendants to issue original bills of lading to H. until outstanding account settled- H. supplied with copies of bills of lading-Delivery of goods demanded by plaintiffs at destination-Refusal by defendants to deliver without production of bills of lading-Title to goods- Passing of property - Mandatory injunction granted by Devlin, J., on an interim application by plaintiffs, ordering that defendants should deliver up goods to plaintiffs-Appeal by defendants.