Is there a right of stoppage where goods are stored in the custom-house?

Ontario, Canada


The following excerpt is from Wiley v. Smith, 1876 CanLII 3 (ON CA):

In Donath v. Broomhead, 7 Penn St. 301, it was decided that the right of stoppage existed where upon the arrival of goods shipped to the vendee at their port of destination, the vendee paid the freight and gave his note for the price, but in consequence of the loss of the invoice the goods were stored in the custom-house, and remained there until the dishonour of the note. But the grounds upon which that decision proceeded are of no application to the present case. The point taken was, that the officers of the law had never acknowledged the vendee’s title, and the goods had never been entered. It was laid down that until the goods are entered the right of the vendee is not recognized, and can only be so on presentation of the original invoice. The goods were not in the possession of the public officer, at the request of, or in privity with the purchaser.

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