J. E. Condict & Co. v. Jno. Rosenfield & Son

Citations

• 36 Tex. 23

Syllabus

<p>1. The lien of a forwarding merchant upon goods in his possession extends only to charges and advances made upon those particular goods, or of any particular lot of goods of which they formed a part; and they have no right to retain the goods for other unsettled accounts.</p> <p>2. L., a merchant in Gonzales, Texas, purchased, on open account, a stock of goods of C. & Co., of New York. The goods were shipped to L., and followed the regular channels of transportation until they came into the hands of R. & Son, forwarding merchants at Columbus, Texas, who retained the goods for unpaid balances due them by L. Subsequently L. became insolvent, and was unable to pay for the goods. An agent of C. & Co. of New York demanded possession of the goods from R. & Son, and offered to pay their charges and advances on the goods ; but R. & Son refused to deliver them up, and claimed to hold them for their unsettled balances against L. Held, that the vendors’ right of stoppage in transitu still existed, as the goods had never reached either the actual or constructive possession of L., and the vendors were entitled to the possession of the goods upon tender of the charges and advances of R. & Co. on account of the same goods. This rule of law is not changed by the fact that L. had authorized R. & Co. to retain the goods as a security for his general indebtedness to them.</p>