Tuesday, 8 November 2016
Jerome v. Bentley &co(1952)2 All ER 144
The plaintiff owner of a diamond ring, entrusted it to T. who understook to try to sell it on his behalf. The plaintiff was to receive 550 pounds and T any supplus of the proceeds. If the ring was not sold within seven days T was to return it to the plaintiff. After the seven days had elapsed T representing himself as the owner of the ring sold it for 175pounds to the defendant who brought it in good faith and resold it.T was successfully convicted of larceny of the ring as a bailee. In an action for damages by the plaint against the defendant for wrongful conversion of the ring. Held; at the time of the sale to the defendant T was not ran agent of the plaintiff to deal with the ring and was not in the position of a person who right be presumed as an agent to have the authority to sell it; by the sale he converted the ring to his own use;and therefore, he did not padx any property in it to the defendant who were thus liable to the plaintiff.