"  I  cannot  distinguish  the  case  from  that  of  a  mortgagee.  If
surplus  moneys  remain  in  the  hands  of  a  mortgagee,  all  he  gets  is
satisfaction  of  the  mortgage.  If  he  sells  the  goods  and  pays
himself,  and  there  is  a  balance  in  his  hands,  he  must  account  for  it.
In  the  one  case  the  balance  will  be  held  subject  to  the  right  of  the
vendor  to  stop  in  transitu ;  in  the  other  case,  the  whole  purchase-
money  will  be  equally  subject  to  that  right,  to  the  extent  of  the
purchase-money  due  to  the  vendor  "  (r).
(«)  Sale  of  Goods  Act,   1893,  =.  47.  [p]  5  B.'  &  Ad.  817.
In  re  Westzinthus,  5  B.  &  Ad.  817 ;  (?)  Ex  parte  Golding,  Davis  &  Co.,

Spalding  v.  Ruding,  12  L.  J.,  Ch.  503  ;  In  re  Knight,  13  Ch.  D.  628.
Kemp».  Falk,  7  A.  0.  573.  ()•)  Per  James,  L.  J.,  13  Ch.  D.  at

(o)  lUd.  p.  635.
C. — C.  T  T


642  THE  DELIVERY.
