Cammell v. Sewell

5 Hurl. & N. 728 (1860)

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Cammell v. Sewell

England and Wales Court of Exchequer Chamber
5 Hurl. & N. 728 (1860)

Facts

A ship carrying lumber that was insured by English underwriters (plaintiffs) wrecked off the coast of Norway. After the cargo was unloaded, the ship’s master, following Norwegian law, sold the lumber at auction to an innocent purchaser, Clausen, who in turn sent it back to London after selling it to purchasers (defendants) in London. The English insurers sought relief from the auction sale, but the Norwegian court affirmed it. Thereafter, the English insurers demanded the English purchasers to deliver the lumber to the English insurers in London, but the English purchasers refused. The English insurers then filed an action for trover against the English purchasers in an English court. After the trial court determined that the Norwegian judgment was conclusive, it set aside a verdict for the English insurers, and judgment was entered in favor of the English purchasers. The English insurers appealed.

Rule of Law

Issue

Holding and Reasoning (Crompton, J.)

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