That the plaintiff had a special property in the flour, in virtue of his lien for the freight, and that this continued so long as the flour remained in his possession, was not denied; nor was it denied that the flour had been, in fact, delivered to the defendant, to whom it was consigned. The judge seems to have held that the continuance of the lien, after such delivery of the flour, might depend upon the mere intent of the plaintiff’s agent, the captain of the boat, by whom the delivery was made; and that notwithstanding such delivery had been made, the lien would continue if the captain intended it should remain. This, I apprehend, cannot be maintained. An agreement between the parties, that the lien should continue, notwithstanding the delivery of the property, would present a different question: but a naked.,
New trial granted.