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" A case of constructive possession is where the carrier enters, expressly or by implication, into a new agreement distinct from the original contract for carriage, to hold the goods for the consignee as his agent ; not for the purpose of expediting them... "
A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu - Page 301
by Charles Greenstreet Addison - 1849
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 852 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...and subject to some new or further order to be given to him." That is applicable to the present case. When the goods arrived at Leeds, and notice was sent...
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Scott's New Reports in the Court of Common Pleas and Exchequer Chamber [1840 ...

Great Britain. Court of Common Pleas, John Scott - 1845 - 1114 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...to the place of original destination, pursuant to the contract, but in a new character, for the purpose of custody on his own account, and subject to...
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A Treatise on the Effect of the Contract of Sale: On the Legal Rights of ...

Colin Blackburn Baron Blackburn - 1845 - 374 pages
...agreement distinct from " the original contract for carriage, to hold the goods " for the consignee as his agent ; not for the purpose " of expediting them to the place of original desti" nation pursuant to that contract, but in a new " character, for the purpose of custody on his...
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A Treatise of the Law Relative to Merchant Ships and Seamen: In Five Parts

Charles Abbott (Baron Tenterden) - 1846 - 1088 pages
...Rawle, 9 ; Newhall p. Vargas, 13 Maine, 93. > contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them to the place of the original destination pursuant to that contract, but in a new character for the purpose of custody...
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A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - 1847 - 732 pages
...distinct from the original contract for carriage, to hold the goods for the consignee as his agent, net for the purpose of expediting them to the place of...and subject to some new or further order to be given to him. It appears to us to be very doubtful, whether an act of marking or taking samples, or the like,...
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The American Law Journal, Volume 2; Volume 9

1850 - 600 pages
...new agreement distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...of custody on his account and subject to some new and further order to be given to him. It appears to us very doubtful whether the act of making, or...
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The Law of the Contract of Sale

Solomon Atkinson - 1853 - 562 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...and subject to some new or further order to be given to him " (/). the vendees' warehouse ; they had been taken possession of by the lighterman, but had...
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A Treatise on the Law of Shipping

Henry Flanders - 1853 - 584 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...of custody on his account, and subject to some new and further order to be given to him, that constitutes a case of constructive possession.1 587. Chancellor...
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Leading Cases in the Commercial Law of England and Scotland, Volume 2

George Ross - 1855 - 956 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them...and subject to some new or further order to be given to him." That is applicable to the present case. When the goods arrived at Leeds, and notice was sent...
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1856 - 996 pages
...new agreement, distinct from the original contract for carriage, to hold the goods for the consignee as his agent, not for the purpose of expediting them to the place of the original destination pursuant to that contract, but in a new character for the purpose of custody...
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