Cases referred to: (1) Consolidated Co. v. Curtis and Son [1892] 1 Q.B. 495; 61 L.J.Q.B. 325; 56 J.P. 565; 40 W.R. 426; 8 T.L.R. 403; 36 S.J. 328.
(2) Bowden's (E.M.) Patents Syndicate, Ltd. V. Herbert Smith and Co. [1904] 2 Ch. 86; 73 L.J. Ch. 522; 52 W.R. 630; 21 R.P.C. 438.
PRELIMINARY OBJECTION that an action in conversion could not lie against an auctioneer and purchaser of goods sold at the instance of a judgment creditor.
JUDGMENT
Edusei J.
The plaintiffs have instituted an action for damages in conversion against the defendants herein and a preliminary point arose for argument as to whether the claim was maintainable. Counsel for the second and third defendants brought up the point that there was no cause of action against their clients, and this was set down for argument.
The amended endorsement of the plaintiffs' writ reads as follows:
"The plaintiffs claim against the defendants jointly and severally the sum of £G1,920 whereof £G500 represents general damages for conversion in re…