Interstate Window Glass Corp. v. New York, New Haven & Hartford Railroad

I am unable to assent to that portion of the opinion which holds that the notice given to the defendant’s agent was a sufficient exercise of plaintiff’s right of stoppage in transitu. No doubt such a notice need be couched in no particular form, and very likely it is not necessary to refer in it to the actual or presumed insolvency of the consignee. But it ought at least to have a degree of certainty commensurate with the notice of the right it asserts. “There must be some act on the part of the vendor indicative of his intention to repossess himself of the goods.” Brewer, J., in Rucker v.…