Harmer v. Bell (The Bold Buccleugh)
Judicial Committee of the Privy Council
7 Moore P.C. 267, 13 Eng. Rep. 884 (1852)
- Written by Carolyn Strutton, JD
Facts
The Bold Buccleugh was a Scottish vessel that ran into and sank another vessel, the William, in England. The William’s owners (plaintiffs) brought an in rem action against the Bold Buccleugh, but the Bold Buccleugh left England for Scotland before the vessel could be served. The William’s owners then sued the owners of the Bold Buccleugh personally in Scottish court. The Bold Buccleugh was attached in Scotland for that in personam suit and released on bail. The Bold Buccleugh was then sold to Daniel Harmer (defendant), who brought the vessel back to England while the Scottish suit against its former owners was still pending. When the Bold Buccleugh arrived in England, it was arrested for the original in rem English action. Harmer contested the admiralty court’s authority to proceed with the English suit, claiming that the sale of the vessel had released it from responsibility. The admiralty court ruled that the vessel had not been discharged from liability by the sale to a new owner. Harmer appealed.
Rule of Law
Issue
Holding and Reasoning (Jervis, J.)
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