160 Pa. 527 | Pa. | 1894
In 1890, plaintiff, a shoe dealer in Boston, sold three boxes of shoes, on credit, to Isaac Price, a merchant in South Bethlehem, and shipped them there by rail. Before the goods reached their destihation Price failed, confessed judgment, and all his property was levied on by the sheriff, defendant in this case. Plaintiff, upon being informed of this, caused notice to be given to the railroad company that he claimed the goods, and demanded their immediate return. This right of stoppage in transitu was exercised before Price acquired either actual or constructive possession of the goods. Some days after their arrival at the freight'depot in South Bethlehem, a local express-man, who had access to the depot, loaded them on his wagon, without any special order from Price, or consent of the railroad company, and without paying the freight, and took them to Price’s store. There he learned for the first time that said store and all his property was in the sheriff’s hands. The goods were never delivered to Price. He declined to accept them, and, pursuant to his direction, they were taken back to the depot by the expressman. Afterwards, the defendant levied on them at the depot, and, notwithstanding notice of plaintiff’s
It follows that there was no error in refusing defendant’s points and directing a verdict in favor of plaintiff.
Judgment affirmed.