House of Lords

Brandao v Barnett

(1846) 12 Cl and F 78718461 min read
The case in brief30-second read
Facts
Exchequer bills belonging to a customer were placed with his bankers in a locked box, so that the bankers could receive the interest and exchange the bills for new ones. The bankers claimed a general lien over the bills for the customer's debts.
Issue
Whether the bankers had a general lien over securities deposited with them for a special purpose.
Held
The general lien of bankers is part of the law merchant and is judicially noticed. But it does not attach to securities deposited for a special purpose inconsistent with the lien, so the bankers had no lien over the bills.
Principle
A banker has a general lien by the law merchant, but not over securities deposited for a special purpose.
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Facts

  • Exchequer bills belonging to a customer were placed with his bankers in a locked box, so that the bankers could receive the interest and exchange the bills for new ones. The bankers claimed a general lien over the bills for the customer's debts.

Issue

  1. Whether the bankers had a general lien over securities deposited with them for a special purpose.

Held

  • The general lien of bankers is part of the law merchant and is judicially noticed. But it does not attach to securities deposited for a special purpose inconsistent with the lien, so the bankers had no lien over the bills.

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Citation

Brandao v Barnett (1846) 12 Cl and F 787

Reported: English report (1846) 12 Cl and F 787; not available on sci.gov.in or Indian Kanoon. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.