
    GOODMAN AND ASHTON v. STEWART.
    Common carrier — detention of goods for freight — hill 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 hill of lading, to deliver, “he paying freight,’' is an express stipulation to that effect.
    Replevin, for a quantity of merchandise received by defendant at New Orleans, to be delivered to the plaintiffs in Cincinnati, they paying freight. The goods were . forwarded in different parcels, though contained in one bill of lading. The jury, in a 217] 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 jiart 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, &o., to, &c., he or they paying freight, &c.”

Judgment for the defendant on the verdict.  