1. Plaintiff’s goods were delivered by a ship’s captain to defendant wharfingers to be held for plaintiff. The goods were then lost or stolen from defendants. Could defendants be said to have converted them? In ROSS v. JOHNSON, 5 Burrow 2825, 98 Eng. Rep. 483 (K.B.1772), Lord Mansfield said case, not trover, was the only remedy: “[I]n order to maintain trover, there must be an injurious conversion. This is not to be deemed a refusal to deliver the goods.

They can’t deliver them: it is not in their power to do it. It is a bare omission.”