Andersen v Christensen

JurisdictionDinamarca
CourtWestern Provincial Court (Denmark)
Docket NumberCase No. 124
Date11 July 1947
Denmark, Western Appellate Court.
Case No. 124
Andersen
and
Christensen and the State Committee for Small Allotments.

Belligerent Occupation — Requisitions — Conditions of — Article 52 of the Hague Regulations — Booty.

The Facts.—By a contract concluded on 7th June, 1944, the appellant Andersen, a horse-dealer, sold two horses to the defendant Christensen, on instalment terms, with the usual reservation of ownership. According to Christensen's statement, he was compelled about four weeks before the German capitulation, under threat of seizure, to let the horses out on hire to the German army of occupation. On May 5, 1945, he applied to the German authorities with a request for the return of the horses, but this was refused. The horses, which were kept in the airfield at Nørresundby, were taken over by the British army after the capitulation and then handed over to the Danish State. As the purchase sum had not been paid in full, the appellant demanded, in June 1946, to be put in possession of the horses. These were being kept in the airfield at Nyborggaard, which was under the administration of the other defendants, the State Committee for Small Allotments.

Held: that the appellant's claim for the recovery of the horses should be sustained. The Court said:

“In support of their assertion the defendant, the State Committee for Small Allotments, has stated that the horses, on the capitulation of the Germans, were taken over by the British army as war booty; that they were thereafter handed over to the Danish...

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