Citation(s) (1858) 4 De G&J 276 | ||
De Mattos v Gibson (1858) 4 De G&J 276 is an English case, concerning covenants over movable property.
Contents
Facts
In 1857 the plaintiff had chartered a ship (The Allerton) to carry coal from the Tyne to Suez. In the Channel it suffered damage and put in for repairs. Gibson, who held a mortgage over the ship granted in January 1858, paid for repairs and effectively took possession of the ship in October 1858 with a view to securing its return to Newcastle so that he could exercise his power of sale. The plaintiff applied for an injunction to restrain Gibson’s threatened action on the ground that it would be inconsistent with the performance of the charter-party of which Gibson had known when he had taken his mortgage.
Judgment
Knight Bruce LJ said the following.