Page:Halsbury Laws of England v1 1907.pdf/785

 — Part IY.

.

— Considerations Common to all Classes of Bailment.

563

Sect. i. 1140. If a third person chiim the chattel and threaten the bailee with proceedings, and the bailor nevertheless insist on his title, the Estoppel of

bailee may interplead (/). bailee who forbears to interplead

A

Bailee.

makes himself

a party to a

interpleader,

possibly wrongful detention by retaining the chattel for the bailor, and he must then stand or fall by the bailor's title (m).

1141. Where a bailee in possession of a chattel attorns to a third Attornment, person, he is estopped from subsequently denying the title of such third person, even though the person to whom he has attorned obtained a transfer of the property from the original bailor by fraudulent misrepresentation (u) And this rule applies even if the chattel reaches the hands of the bailee subsequently to his agreement to attorn; for though an attornment made by a person out of possession has no immediate application, yet it applies when he obtains possession (o). As a general rule, in order to perfect his attornment to a third person, the chattel must be specific, or there must be a specific appropriation so as to make the chattel specific (p). On a sale of goods, when the seller has once recognised the right of the buyer to dispose of goods remaining in the seller's possession, he cannot subsequently defeat the right of a third person claiming under the purchase, upon the ground that no property passed to the latter by reason of the want of a specific appropriation of the goods (q). In the event of a conversion of a chattel by the bailee after his attornment, the parties injured thereby are entitled to damages, which in such a case would be estimated at the market value of the chattel at the time of its conversion (r).

Sect.

Rights and Obligations as regards Third Persons.

2.

1142. The owner of a chattel bailed, although formerly not Rights ^^i^oi"entitled to sue in trover for its conversion (s), has sufficient property in it to maintain an action against a third person for its loss or

permanent injury whilst

in the bailee's hands, because he has a reversionary interest in the chattel upon the termination of the

hailment(0. Further, where the bailee, by a wrongful dealing with the chattel, has determined the bailment, all third persons, however innocent, (1)

Interpleader proceedings are now taken under R. S. C, Ord. 57, or the provisions under the County Courts Act, 1883. See title

corresponding

Interpleader. (m) Wilson p).

v.

Anderton (1830),

1

B.

& Ad.

450, per Lord

Tenterden,

C.J., at

456. (n)

Henderson

<&

Lord Halsbury,

at

Tindal, C.J., at p. 248. Tannery. Scovell (1845), 14 M.

&

Go. v. Williams, [1895] 1 Q. B. 521, ^er

p. 529. (o) Roll V. Griffin (1833), 10 Bing. 246, per F. 312 (p) Uniuin v. Adams (1858), 1 F. y^. 28.

&



Woodley v. Goventry (1863), 32 L. J. (ex.) 185. Henderson cfc Go. v. Williams, supra, per Lord Halsbury, at p. 530. (s) Gordon v. Harper (1796), 7 Term Rep. 9. {t) Mears v. London and South Western Rail. Go. (1862), 11 C. B. (n. s.) 850 Hall V. Pickard (1812), 3 Camp. 187 Meux v. Great Eastern Rail. Go., [1895] 2 (q) (r)





^Q.

B. 387.

o o 2

of