Hayman & Son v. M'Lintock (M'Nairn & Co.'s Trustee) and Others [1907] ScotLR 691 (28 May 1907)

Hayman & Son v. M'Lintock (M'Nairn & Co.'s Trustee) and Others [1907] ScotLR 691 (28 May 1907)

Bills of lading transferred property in specific sacks of flour to holders (Stevenson and Moorhead, Watson & Co.), valid against trustee; store warrants and delivery orders did not transfer property in unascertained goods, so trustee entitled to balance; property in unascertained goods remains with bankrupt until ascertainment per Sale of Goods Act 1893.

Citation
[1907] ScotLR 691
Parties
Nominal Raiser: Thomas Hayman & Son; Real Raiser/respondent: Thomson M'Lintock (M'Nairn & Company's Trustee); Claimant/respondent: Moorhead, Watson & Company; Claimant/respondent: J. & B. Stevenson (John Stevenson senior); Claimant/respondent: J.K. Stewart; Claimant/reclaimer: M'Connell & Reid; Claimant: William Gilchrist & Company
Jurisdiction
Scotland
Judgment Date
28 May 1907
Procedural Posture
Multiplepoinding / Inner House Appeal; Final Judgment
Outcome
Court adhered to Lord Ordinary's judgment; claims of Stevenson and Moorhead, Watson & Co. for sacks of flour upheld; claims of M'Connell & Reid and Stewart rejected; trustee entitled to balance.
Legal Topics
Security Rights, Sale of Goods, Documents of Title, Passing of Property, Store Warrants, Bills of Lading, Delivery Orders, Unascertained Goods
Bankruptcy Commercial Law Property Law Security Rights Sale of Goods Documents of Title Passing of Property Store Warrants +3 more

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Parties

Thomas Hayman & Son

Nominal Raiser

Thomson M'Lintock (M'Nairn & Company's Trustee)

Real Raiser/respondent

Moorhead, Watson & Company

Claimant/respondent

J. & B. Stevenson (John Stevenson senior)

Claimant/respondent

J.K. Stewart

Claimant/respondent

M'Connell & Reid

Claimant/reclaimer

William Gilchrist & Company

Claimant

Procedural Posture

Multiplepoinding / Inner House Appeal; Final Judgment

Legal Issues

  1. 1 Whether transfer of bills of lading constitutes a valid security and passes property in goods against trustee in bankruptcy
  2. 2 Whether store warrants and delivery orders confer proprietary rights in goods stored
  3. 3 Whether purchasers of unascertained goods acquire property prior to ascertainment under Sale of Goods Act 1893

Ratio Decidendi

Bills of lading transferred property in specific sacks of flour to holders (Stevenson and Moorhead, Watson & Co.), valid against trustee; store warrants and delivery orders did not transfer property in unascertained goods, so trustee entitled to balance; property in unascertained goods remains with bankrupt until ascertainment per Sale of Goods Act 1893.

Court Disposition

Court adhered to Lord Ordinary's judgment; claims of Stevenson and Moorhead, Watson & Co. for sacks of flour upheld; claims of M'Connell & Reid and Stewart rejected; trustee entitled to balance.

Orders

  • Stevenson ranked and preferred to 500 sacks of flour.
  • Moorhead, Watson & Co. ranked and preferred to 250 sacks of flour.