Page:United States Statutes at Large Volume 76A.djvu/237

–141– -141§ 1495. When lien is lost (a) The unpaid seller of goods loses his lien thereon: (1) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the property in the goods or the right to the possession thereof; (2) when the buyer or his agent lawfully obtains possession of the goods; (3) by waiver thereof. (b) The unpaid seller of goods, having a lien thereon, does not lose his hen by reason only that he has obtained judgment or decree for the price of the goods. Article C—Stoppage in Transitu § 1496. Seller may stop goods on buyer's insolvency Subject to the provisions of this chapter, when the buyer of goods is or becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods at any time while they are in transit, and he will then become entitled to the same rights in regard to the goods as he would have had if he had never parted with the possession. § 1497. When goods a r e in transit (a) Goods are in transit within the meaning of section 1496 of this title: (1) from the time when they are delivered to a carrier by land or water, or other bailee for the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee; (2) if the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, even if the seller has refused to receive them back. (b) Goods are no longer in transit within the meaning of section 1496 of this title: (1) if the buyer, or his agent in that behalf, obtains delivery of the goods before their arrival at the appointed destination; (2) if, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent; and it is immaterial that a further destination for the goods may have been indicated by the buyer; (3) if the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf. (c) If the goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case whether they are in the possession of the master as a carrier or as agent of the buyer. (d) If part delivery of the goods has been made to the buyer, or his agent in that behalf, the remainder of the goods may be stopped in transitu, unless such part delivery has been made under such circumstances as to show an agreement with the buyer to give up possession of the whole of the goods. § 1498. Ways of exercising the right to stop (a) The unpaid seller may exercise his right of stoppage in transitu either by obtaining actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. The notice may be given either to the person in actual possession

�