Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Taylor v Bowers - 1876

293 words (1 pages) Case Summary

21st Jun 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Taylor v Bowers (1876) 1 QBD 291

Action for recovery of goods not founded on illegal agreement


The defendant was a creditor of the plaintiff. The plaintiff made over all his stock-in-trade to a third party on the basis of fictitious bills of exchange. Possession of the goods was taken by the third party in order to frustrate the plaintiff’s creditors. Without the knowledge of the plaintiff, the third party executed a bill of sale to the defendant for the alleged purpose of securing the debt due by the plaintiff to the defendant.


The plaintiff brought an action against the defendant to recover the goods which had been detained by the defendant. Verdict was found at first instance for the plaintiff.


The Court of Appeal first observed that when the goods were transferred to the defendant they were not transferred in furtherance of the fraudulent purpose for which they had originally been transferred by the plaintiff to the third party. The fraud on the plaintiff’s creditors remained wholly unaccomplished and the return of the goods to him would make them available once more to his creditors. Nothing had been done to carry out the fraudulent purpose beyond the delivery to the third party. The plaintiff was not a party to the bill of sale to the defendant and the plaintiff had repudiated the entire action and demanded his goods back from the third party. Under these circumstances, the Court of Appeal affirmed that the plaintiff was entitled to recover the goods as the action was not founded upon an illegal agreement.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles