STOPPAGE IX (ante) is in reality an extension of the right of lien, and is a remedial right of a vender. The stoppage in tratu-ita, does not do away with the sale, nor does the seller reacquire absolute ownership in the property. If, after the return of the property to the bands oi the vender, the vendee demand that the contract be carried out he may enforce such demand. It is not necessary that the insolvency should occur after the sale; if, at the time of the bargain the vendee was in fact insolv ent and the vender was ignorant of that fact, the right of stoppage accrues. The power may be exercised so long and only so long as the goods remain within the custody of middlemen employed to complete the transit, or agents of the vender. When the goods come within the custody of the vendee'or his agent, the vender conies into the position of any other creditor. It has been held that w here coal was delivered by t. railroad com pany on a wharf belonging to itself, but ef which it had been accustomed to allow the vendee the sole use (without consideration) the control of the corporation had ceased, and the right of stoppage in ti'ansitd no longer existed. So where the goods are stored
in a honied warehouse and the usual bonds are given vendee, the vender's right no Unger exists. If the consignee have assigned the bill of lading regularly indorsed and forwarded by the consignor, the bill is now regarded as a quasi negotiable instru meat; and it seems well established that the right of stoppage is destroyed by the assign ment. The method of exercising the right is by notice to the middleman or common carrier'. forbidding him to deliver the goods to the vender, and demanding their return. If this lie disregarded a right of action accrues to the vender as against the middleman, seps•ate from his right to recover the goods, from the vendee or his assignee. The right of recovery is subject to the common carrier's lieu.