The Pictou Bank v. Harvey

The Pictou Bank v. Harvey

Where, upon notice of arrival, the consignee repudiates acceptance and directs the goods to be stored for the consignor and the consignor assents, the contract is rescinded and title and possession re-vest in the consignor prior to any subsequent bill of sale by the consignee, so the consignee cannot transfer title to a third party.

Citation
(1887) 14 SCR 617
Parties
Appellant Defendant: Pictou Bank; Appellant Defendant: Dougald Logan; Respondent Plaintiff: Charles H. Harvey
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 February 1887
Procedural Posture
Civil Appeal Conversion and Sale of Goods / Final Judgment on Appeal From Supreme Court of Nova Scotia
Outcome
Appeal dismissed with costs; verdict for plaintiff affirmed
Legal Topics
Delivery, Rescission of Contract, Re Sale, Consignment, Bill of Sale, Rights of Purchaser in Execution
Source Language
English
Sale of Goods Property Tort Conversion Possession Delivery Rescission of Contract Re Sale Consignment +2 more

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Parties

Pictou Bank

Appellant Defendant

Dougald Logan

Appellant Defendant

Charles H. Harvey

Respondent Plaintiff

Procedural Posture

Civil Appeal Conversion and Sale of Goods / Final Judgment on Appeal From Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether the consignee's conduct and directions amounted to a rescission of the sale and re-vesting of title in the consignor
  2. 2 Whether the consignee had possession or title at time of bill of sale to the bank
  3. 3 Whether the bank obtained good title under the bill of sale

Ratio Decidendi

Where, upon notice of arrival, the consignee repudiates acceptance and directs the goods to be stored for the consignor and the consignor assents, the contract is rescinded and title and possession re-vest in the consignor prior to any subsequent bill of sale by the consignee, so the consignee cannot transfer title to a third party.

Court Disposition

Appeal dismissed with costs; verdict for plaintiff affirmed

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff for conversion of 162 hides upheld