case godfrey v FURZO see Lickbarrow v mason Sm l c that ed the Figlia maggiore  l r a e Harris v Truman Q b d Burdick v jewel Q b d Lord chancellor king if I  send good to b from beyond sea to the use of b and before these good be pay  for b die insolvent can have my good again but if I send good to a factor to  dispose of to my use and he become a bankrupt these good be not liable to the  debt of such bankrupt a tradesman in London by order of a tradesman in the  country send good to the latter who do not appoint or name the carrier  afterward the carrier embezzles the good the trader in the country must stand  to the loss a merchant beyond sea videlicet at bilboa in Spain send good from  thence to b a merchant in London for the use of b and draw bill on b for the  money the good arrive at London which b receive but do not pay the bill and  die insolvent upon which the merchant beyond sea bring a bill against the  executor of the merchant in London pray that these good may be account for to  he and insist that he have a lie on they until pay and that it will be extreme  unreasonable that his good while unpay for shall be liable to satisfy other  people demand and the case of one Clare be cite as late decree by the Lord  chancellor where a merchant beyond sea consign good to a merchant in London to  the merchant in London own use and draw bill on the merchant in London who  have receive the good become a bankrupt yet it be hold that these good which  be not pay for shall not be liable to the creditor of the bankrupt peer  William on the other hand the attorneygeneral urge that on delivery of the  good to the master of the ship beyond sea in order to be send to England the  property immediate become vest in the merchant in London who be to run the  risk of the voyage and Mr will compare it to the case of a tradesman in London  by order of a tradesman in the country send good to the latter in which case  though the country trader do not appoint or name the carrier who afterward  embezzles the good the trader in the country must stand to the loss as have be  determine by the Lord chief justice Eyre at Shrewsbury assize daw v peck t r  Dutton v Solomonson Bos and p Lord chancellor be the law to be otherwise in  the instance that have be mention it will create the utmost difficulty in deal  a strong where a trader in London send good to a trader in the country who  receive they and do not pay for they the property must in that ease vest in  the trader in the country as for the case of Clare I do not well enough  remember all the particular of it but probable peer William er p there be  circumstance of compassion therein which may weigh with the court when a  merchant beyond sea consign good to a merchant in London on account of the  latter and draw bill on he for such good though the money be not pay yet the  property of the good vest in the merchant in London who be credit for they and  consequent they be liable to his debt vide she v Prescot atk DAquila v Lambert  Amb Lickbarrow v mason t r and h black t r and east n a and the several ease  the recite Kinloch v Craig t r but where a merchant beyond sea consign good to  a factor in London who receive they the factor in this case be only a servant  or agent for the merchant beyond sea can have no property in such good Newsome  v Thornton east ex part pea Ves neither will they be affect by his peer  William bankruptcy and the Lord chancellor say he have discourse with merchant  about the matter who hold this to be the practice among they and therefore in  the principal case the court deny grant a injunction to stay the executor of  the merchant in London from dispose of the good ex part Dumas ves atk S c mace  v cadell Cowp et vide copeman v gallant ante vol zinck v walker black Rep  Hassall v Smithers Ves Bolton v puller Bos pull Giles v Perkins east tailor v  plumer m S rise ex part pea Ves rise ex part Peyron rise ex parse Aiken mad ex  part smith buck Thompson v Giles b c a trader in London have money of I who  reside in holland in his hand buy Southsea stock as factor for I S and take  the stock in his own name but enter it in his account book as buy for I S  after which the trader become bankrupt determine that the trust stock be not  liable to the bankruptcy by the Lord Parker who say it will lessen the credit  of the nation to make such a construction ex part chion Trinity