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- [1902] P. 42, 1900-1903 All E.R. 346, [1900-1903] All. E.R. 346
Contributed by Chris22
A bailee has a right in the property that is enforceable against all others except the bailor.
Issue
Whether a bailee who is not liable to anyone for the loss of the chattels under bailment can sue to recover the value of the lost chattels.
Conclusion
Yes. The bailee has an interest in the property that is similar to that of the bailor. Even if the Postmaster General was not liable to the bailors of the mail for it’s loss, he could sue to recover the value.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- The Winkfield and the Mexican were two ships that collided off the coast of South Africa. Both sustained damage, but the Mexican sunk. Some passengers and items were recovered, but much of the chattels on the boat sank. The boat was carrying mail. The Winkfield’s owners admitted liability for the collision; so, the Postmaster General sued in order to recover damages for the lost mail. The Winkfield’s owners argued that because the Postmaster General was a bailee who was not liable for the loss to the bailor, he did not have a sufficient property interest to sue.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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