The Alaska citizen., 1912-03-18

notified The appellant by telegraph
 .a. .a. aaree packages and the H-#-#Hy .H-rtiH contained had been $, z.a l. cypress, but the Alaska
 #aa retained rhe express receipts
 ga January B. 1911, the appellant
 topped payments on the drafts and .eIeaFapaie requests for payments of .#a.s auoH ii by the Alaska bank.
 H.-.l ef which was that the
 #.er bank un inc morning of Jan ars a 19l1, was compelled to ..ezs is do rs, and suspend busi- a. oa th. same day. at the suit .. creditors. receivers of the Alas .a a-ua w,re appointed. On Jan .aG .. l2i- those creditors and .#= .g.lNeTs presented to the court .utoT sWa.r application, sup ported hy aayi,. for writ of a~z5- au,e. alleging that the coin. 1uiti II and currency so shipped by expires were jhs property of the sa n4GN- and We're yet within
 ...-ory oE Alaska and subject
 a ii. jurisdiction of the court. and
 t.. eEHfess company had re. ..s,t 70 surrender the same to the r.eaEs.e The writ was issued, -aa .a. property was taken at Cor .esa and was delivered 10 the re . .,.ar-. The appellant had no no-
 .s '.e-e proeccdings. On Janu. aag Y. i, Gl,d it's petition in the eaar below setting up it's claim of a=at To said coiu currency and aHou, and prayed that the same .a restored h its possession. The
 a# made an order directing that . hearing be had on the petition. . ae a,njus @2s had. and the court . aercd an ardor denying the pray .. q. 'Hc petition. The court made ---a-s which embraced the state
 a .. aef- hercinaboye set forth. te= also inc finding that in receiy- H- A., express packages at Fair aaaas. the cypress company then md uhe". became the agent
 ra- Ala.ka bank. and not . .ae aa.m of rhe appllant; that un- . .sr tuc a2rsgment between the two hanks and he inyariable custom, shipments of money bullion CT evi- .eaga~ ot indebtedness by the . @4-4mgoH-Alaska Bank of Nevada ut .ue appellant al Seattle, were . .'ed-aa To sHe former bank by the . appellant, and title 10 such ship meu.a passed to the latter when. tHd ouU when. actually received over rue counter of the appellants naaa in Seattle, and interest on .oFgdrafrs continued t) be comput- i. a4 a5 The appellant until all such deposits or payments were actually . received and ill its custody.
 . GILBERT, Circuit Judge (after stat ing 0he case:
 The whole question of the right of ! .ae recciyers 10 stop the money and b-t.ca ill tfansitu depends upon ! taa answer to he question, to 10 whom did the money and bullion .tLong while in the possession of the Express company? Many de gfsions are cited concerning the title l 10 property while in the hands of a .afrier. n irs way from the seller 10 he buyer. and they sustain the gen. fal rule that a delivery, of goods ] by the seller to a carrier designat, ed by the buyer. or to the carrier usually employed in the transporta- ion of goods from the place of the seller to that of the buyer is prima Iacte' q transfer of title to the buyer, subject to the carriers lien for freight, and to the sellers right .o stop iu transitu goods that have not been paid for, in case of his dis. ccyery of the buyers insolvency
 I he appellant contends that the gen
 eral rule Is applicable here, and hat the delivery to the Express company was a delivery to the ap pellant The appellee contends, on . the other hand, that the question is determined by the intention of the . parties, and that the facts found
 by the Court and the facts disclosed . by the evidence indicate that the . intention was that the title to the property should net pass until the actual receipt of the property by the . appellant. In United States vs = Andrews. POT [. s. 229, 24O, it wa. l said: That as a general rule tn,
 delivery of goods by a consignor tt a common carrier for account of consignee has effect as delivery tt . such cOnsignee is elementary. Tha l where a purchaser of goods directs their delivery for his account to F designatsd carrier. that the latte becomes the agent of the purchaser F and delivery to- such a carrier is 2 legal delivery to the purchaser i e also beyond question: Certain als, e is it that when on the delivery O l goods to a carrier bills of 1adin,