Pennsylvania R. v. Amer. Oil Works, Ltd.

Citations

• 126 Pa. 485
• 17 A. 671
• 1889 Pa. LEXIS 904

Syllabus

<p>1. The exercise by a vendor of goods of the right of stoppage in transitu is not a rescission of the contract of sale, but a-resumption of possession which will enable him to insist upon the vendor’s lien which he had waived by 1ns delivery to the carrier.</p> <p>2. In such case, the carrier, as against the consignor, may claim a lion for his charges and expenses upon that consignment only, but not for an unpaid balance due from the consignee upon former consignments from the same vendor.</p> <p>(a) A clause in a bill of lading provided: “Said merchandise maybe retained for all arrearages of freight and charges due thereon and also on any other goods by the same consignee or owner; and such arrearages and the freight and charges on said goods and merchandise shall be a lien thereon nntil the same shall have been paid.”</p> <p>3. In such case, if the consignor, stopping the merchandise in transitu, was not a debtor for charges and expenses on previous consignments, the carrier's lien did not extend beyond the charges applicable to the goods stopped, and, on payment or tender thereof, the consignor was entitled to a delivery of the goods to him.</p>