MIDLAND BANK, LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1962] 1 Lloyd's Rep. 359

COURT OF APPEAL

Before Lord Justice Holroyd Pearce, Lord Justice Davies and Mr. Justice Wilberforce

Contract-Tender of documents by Bank to buyers-No payment by buyers-Sale of documents by buyers-Whether collection note was attached to documents which required buyers to pay for documents or return them, or that term was implied- Right of buyers to set-off in respect of sellers' breach of contract. Conversion-Sale of documents held in trust from Bank. Bailment-Whether handing of documents by Bank to buyers without obtaining payment terminated bailment and precluded Bank from suing buyers in conversion.