Court case(1890) 15 App Cas 391

Hoffnung sold goods in Sydney to a buyer who was leaving for Western Australia. The buyer had the goods put on board a ship for carriage to his destination, the bill of lading naming him as shipper and consignee. Before the ship sailed the buyer's insolvency became known and the seller gave notice of stoppage to the ship. Lyons, representing the buyer's creditors, claimed the goods.

The Privy Council held that the goods were still in transit and the stoppage was valid. The buyer had not taken delivery into his own or his agent's keeping so as to end the transit; he had delivered the goods to a carrier for carriage to a further destination, and the shipmaster held them as carrier, not as the buyer's agent to hold at his disposal. The seller's notice given before the goods reached the buyer at the end of the voyage was effective.