The right of stoppage in transitu, that is the right to reclaim the possession of the goods while still in transit, from the seller to the buyer, was founded in the civil law, and looked upon as a remedy of the court of equity primarily, but is now, and has been for a . long time, looked upon as a legal remedy and right, and is of universal application in courts of law. It is an extension of the right of the vendor's lien. The lien is lost by parting with possession of the goods, but the right to resume the lien may be acquired, by the exercise of this right of stopping the goods in transit up to any time previous to the vendee's actually acquiring possession of the goods.9 The right arises with the transfer of title to the goods and the delivery to the carrier to be turned over to the purchaser. It may be said to begin where the hen leaves off. The right of stoppage in transitu, arising from original ownership, can only be exercised by the vendor, or one standing in his position; it could not be exercised by one having a mere lien on the goods.10

6 Diem vs. Koblitz, 49 Ohio St., 41. 7 Jones on Liens, Sec. 904.

8 Smith vs. Dennie, 6 Pick. (Mass.), 262.

The right is ordinarily to be exercised only against an insolvent buyer, but this would include any one who apparently has by his conduct or acts furnished evidence of general inability to pay his debts.

The vendor's right of stoppage in transitu cannot be taken away by an attachment levied on the goods by the creditors of the buyer.11 The transit of the goods ends when, having arrived at their destination, they are given over into the actual or constructive delivery of the purchaser. The right of stoppage in transitu is effected by a notice to the carrier, ordering their stoppage, the notice should properly be in writing and should sufficiently describe the goods for purposes of identification, and should state the reason for the stoppage. The carrier, however, cannot insist on proof, of the statement contained in the notice, or of the right to claim the stoppage in any particular case.12 It is reasonable, however, that the seller should act in good faith toward the carrier in the exercise of this right, and he must pay the carrier's charges against the goods.

9 Newhall vs. Vargas, 13 Me., 93. 10 Sweet vs. Pym, 1 East, 4. 11 Naylor vs. Dennie, 8 Pick.(Mass.), 199.

12 Allen vs. Maine Central R. Co., 79 Me., 327.

The exercise of the right of stoppage in transitu restores possession of the goods and incidentally the vendor's lien.