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Colonial Cases

Whitfield v. Howell, 1881

[securities]

Whitfield v. Howell


Judicial Committee of the Privy Council
June 1881
Source: The Times, 29 June, 1881

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
(Present - Sir Barnes Peacock, Sir Robert Collier, Sir Richard Couch, and Sir Arthur Hobhouse.)
WHITFIELD AND ANOTHER v. HOWELL AND OTHERS.
  This was an appeal from an order of the Court of Chancery of the Island of Barbados of the 23d of July, 1880.
  Mr. Macnaughten, Q.C., and Mr. Hugh Cowie were counsel for the appellants; Mr. Benjamin, QQ.C., and Mr. F. W. Maclean for the respondents.
  One of the respondents, Mr. C. A. Howell, of Bridgetown, held from 1869 to 1873 a contract in Barbados for supplying Her Majesty's troops in that island with fresh beef, and he arranged, inter alia, with the appellants, Messrs. George Whitfield and Co., of London and Barbados, to have a drawing account on their London house to assist him in working the contract. The question now between the parties was as to the true construction of an indenture or mortgage entered into on the 10th of February, 1874.  The appellants alleged that the indenture was to secure the repayment of all sums of money, not exceeding £3,000, due from time to time to them by the respondent, Mr. C. A. Howell; but the respondent urged that it was only a security for what might become due on a particular drawing account and not in respect of general or current business. The Vice-Chancellor (Sir C. Packer) gave judgment for the respondent, and
  Their Lordships now affirmed his Honour's decision, and granted the respondents their costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School