Turner v New South Wales Mont De Piete Deposit and Investment Co Ltd [1910] HCA 15

10 CLR. OF AUSTRALIA, ° ua

the Supreme Court, and in the circumstances we see no reason why #- C. oF A.

the unsuccessful party should not pay the costs of the motion. eos

Hocan Cause remitted, defendant to pay costs of oounrer. the motion.

Solicitor, for plaintiff, J. V. Tillett, Crown Solicitor for New South Wales.

Solicitors, for defendant, Macnamara & Smith.

C. E. W.

[HIGH COURT OF AUSTRALIA.]

CHARLES EDWARD SUTTON TURNER , APPELLANT; PLAINTIFF,

AND

THE NEW SOUTH WALES MONT DE PIETE DEPOSIT AND INVESTMENT RESPONDENTS. Co. LTD. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

. : H.C. oF A. Pleading—Admission of balance due to mortgagor under bill of sale—Common saa counts, si

Detinue—Property passing under bill of sale— Realization of security — Goods S¥PNEY, remaining in hands of mortgagee after satisfaction of mortgage debt—Provision Ane a 20, that security should remain in force until memorandum of satisfaction signed— Waiver—Legal title to goods— Equitable replication—Departure,

Griffith O.J.,

Z , O'Connor and Detention of business papers — Damages, Isaacs JJ.

H.C. or A,

1910, — TURNER v New Sour Waves Monr DE Pirre Deposit aNp InvestTMENT Ce. Lrp.

HIGH COURT (1910,

Where the holder of a bill of sale, after realization of the security, has admitted that there is a balance due to the mortgagor, an action will lie against him for the balance so admitted.

'The defendants having seized the plaintiff's goods under a bill of sale, after the sale of sufficient goods to satisfy the mortgage debt and leave a surplus, an employé of the defendants informed the plaintiff that he could obtain the rest of the goods by sending for them, The defendants having refused to deliver the goods, the plaintiff sued them in detinue, The defendants pleaded that the property in the goods passed to them under the bill of sale, and