MIDLAND BANK, LTD. v. EASTCHEAP DRIED FRUIT COMPANY

[1961] 2 Lloyd's Rep. 251

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice McNair

Contract-Tender of documents by Bank to buyers-No payment by buyers-Sale of documents by buyers-Whether collection note was attached to documents which required buyers to pay for documents or return them, or that term was implied- Right of buyers to set-off in respect of sellers' breach of contract. Conversion-Sale of documents held in trust from Bank. Bailment-Whether handing of documents by Bank to buyers without obtaining payment terminated bailment and precluded Bank from suing buyers in conversion.