When a vendor consigns goods to a vendor, and sends a bill of lading to his own correspondent, and gives no delivery order to the vendor, does the vendor have a right to possession of the goods?
Ontario, Canada
The following excerpt is from Wiley v. Smith, 1876 CanLII 3 (ON CA):
In Northey v. Field, 2 Esp. 613, whilst the vendor consigned the goods to his vendee, he sent the bill of lading to his own correspondent, and gave no delivery order to the vendee, and the vendee’s right arose simply from the fact of the sale. As the law then stood, the goods remained on board for twenty days to enable the owner to pay the duties, by which payment alone he could obtain possession.
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