This  result  would  follow  only  in  those  cases  where,  after  the
adoption  of  all  reasonable  means  and  exertions  to  identify  or
separate  the  goods,  it  was  found  impracticable  to  do  so.  We
cannot  assume  that  the  whole  of  the  plaintiff's  forty-one  bales
were  amongst  those  that  were  destroyed,  any  more  than  we  can
assume  that  they  all  formed  part  of  the  1,645  which  were  brought
home ;  and  we  see  no  means  of  determining  the  extent  of  the
interest  of  the  several  owners,  except  by  adopting  a  principle  of,
proportion,  and  which  would,  we  think,  be  equally  applicable  in
determining  the  plaintiff's  portion  of  the  231  bales  that  were
totally  lost  as  of  the  1,645  which  arrived  in  this  country,  though
without  marks.
TO  WHOM  SHOULD  DELIVERY  BE  MADE.  599

"  The  principle  of  proportion  is  that  which  was  applied  by  Lord  Sect.  505.
EllenboroTigh,  where  one  gross  sum  was  paid  to  a  broker  in  respect
of  two  debts  due  to  different  principals  without  distinguishing  how
much  was  paid  in  respect  of  each:  Favens  v.  Bennett  {d).  It  is
also  the  principle  adopted  ia  cases  of  general  average,  and  of
jettison,  where  it  is  not  known  whose  goods  are  sacrificed,  as  stated
by  Cassaregis  and  Emerigon  in  the  passages  that  were  quoted  in
the  argument ;  and  we  think  it  is  the  proper  principle  to  apply  to
this  case."

(d)  11  East,  at  p.  41.
600


THE  DELIVERY.
CHAPTER  XV.
STOPPAGE  IN  TEANSITU.
SECT.
