unpaid seller

 

Please my fellow mates i need urgent help on this
 
Mr. J sells and consigns certain goods to Mr. S for cash and sends the Railway
Receipt to him.  Mr. S becomes insolvent and while the goods are in transit, he
assigns the Railway Receipt to Mr. N who does not know that Mr. S is insolvent.
Mr. J being an unpaid seller wants to exercise his rights.
 Advise:
 
(a) whether Mr. J can exercise the right of stoppage of goods in transit ?
 
(b) would your answer be different if Mr. N was aware of Mr. J’s insolvency
before the assignment of the Railway Receipt in favour of Mr. N ?
Replies (1)

 

(a)Mr. J cannot exercise the right of stoppage of goods in transist, because the goods are being taken by Mr. N in good faith and for consideration.
 
(b)Yes, Mr. J in this case can exercise his right of stoppage of goods in Transit, as Mr. N has not acted in good faith. (Refer to section 27 of The Sale of Goods Act, 1930)

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