40 Iowa 627 | Iowa | 1875
The answer alleges that the goods were shipped to Lutz, at Osage, and when taken upon the writ under which defendants claim to hold them, were in the possession of the common carrier, the Illinois Oentral Railroad Company, which had received them for transportation, and they had reached the place of destination. The railroad company held the goods as a common carrier when they were seized. The first question presented is this: Does the vendor retain the right of stoppage in transitu, after goods have reached the place of destination, and before they have passed out of the possession of the carrier?
The arrival of the goods at the place of destination will not defeat' the vendor’s right to take them. That right will
The answer fails to allege the delivery of the goods to the vendee, or that they were held by the carrier as his agent. It, therefore, failed to state a sufficient defense to plaintiff’s claim of right to take the goods, while in the possession of the carrier.
Defendants’ counsel discusses other questions which do not arise upon the demurrer. He insists that the plaintiffs did not exercise their right within a reasonable time, that Lutz was insolvent at the time of the purchase of the goods, and that judgment ought not to be absolute, as the defendants paid the freight on the goods, and are entitled to hold them until they are reimbursed for that outlay. But these questions were not raised by the demurrer, and as their determination rests upon facts of which the record is silent, we cannot consider them. The judgment of the District Court is
AFFIRMED.