
    GOODMAN AND ASHTON v. STEWART.
    Common carrier — detention of goods for freight — bill of lading.
    A common carrier may detain the goods carried, or a part of them, for his freight, upon common principle; the term in a bill of lading, to deliver c he paying freight,’is an express stipulation to that effect.
    Replevin, for a quantity of merchandize received by defendant at New Orleans, to be delivered to the plaintiff in Cincinnati, they paying freight. The goods were forwarded in different parcels, though contained in one bill of lading. The jury, in a special verdict, found that the goods were received and transported by the defendant as common carriers, part of them delivered, and the delivery of the residue tendered upon condition the,freight was paid; but payment being refused, the defendant detained the goods for the freight.
   By the Court.

The carrier had a right to retain the whole or part of the goods, till his freight was paid. Such is the common rule, and such is the express terms of the bill of lading in this case, # to be delivered at, &c. to, &c. he or they paying freight, &c.’

.Judgment for the defendant on the verdict.  