Tbe shipper of tbe machinery was tbe Easton Machinery Company at Allenton, Pa., wbo-resbipped on tbe same cars this freight which it bad received from Utica, N. Y. Tbe bill of lading to tbe plaintiff carried only tbe charges on tbe freight from Allenton to Wilmington, but tbe way bill showed that there were “advance charges” from Utica to Allenton, and tbe freight came through without having been taken off tbe cars at Allenton. There was an agreement between tbe plaintiff and tbe shipper that if tbe freight did not come up to a certain test, which it did not do, tbe plaintiff could return it. Tbe carrier bad no knowledge of this agreement.
When tbe boilers were rejected by tbe plaintiff, it tendered payment of tbe freight and charges from Allenton to Wilmington, and attached tbe boilers for tbe $800, which it bad advanced on a draft from tbe consignor and for which it claimed tbe return, and for tbe freight paid. Tbe carrier contended that it bad a lien upon tbe freight for tbe entire transit charges from Utica, N. Y., to Wilmington, N. C., which tbe plaintiff denied, but paid tbe freight and charges on tbe goods from Allenton to Wilmington, and, under tbe order of tbe court paid into tbe court tbe charges from Utica to Allenton to abide tbe judgment of tbe court.
*362"We think the court was in error in bolding that the carrier was not entitled to bis lien upon tbe freight for the advance charges from Utica to Allenton. In Hutchinson on Carriers (3 ed.), sec. 660, it was held that the shipper of goods may at any time countermand the directions as to consignment and require the carrier to redeliver to himself, and that when the consignor changes the destination or diverts the goods to a new consignee the reconsignment does not break the connection. Trading Co. v. R. R., 178 N. C., 182, but the new destination is regarded as the original one, quoting Myers v. R. R., 171 N. C., 190.
The carrier has a lien on goods to secure the payment of freight and charges in the nature of demurrage, accruing during its transportation, Hutchinson on Carriers (3 ed.), see. 862. The freight charges are a lien on the goods transported, and when one carrier pays the charges of a preceding carrier it is subrogated to the rights of that carrier, and may demand the entire freight charges before surrendering the shipment. R. R. v. Pearce, 192 U. S., 397.
The bill of lading in this case showed that the shipment was from the Easton Machinery Company to itself, as consignee with order “Notify Hammer Lumber Company.” When the plaintiff took up the bill of lading, paying the $800, and later attached the goods for a breach of agreement between itself and the Easton Machinery Company, it was only entitled to take the goods subject to any lien thereon which the Easton Machinery Company owed thereon, which included the “advance charges” for the shipment from Utica, N. Y., to Allenton, Pa.
As between the purchaser, the Hammer Lumber Company, and the Easton Machinery Company, the former owed only the purchase price plus the freight from the point of shipment expressed or implied, i. e., from Allenton, but as between the Easton Machinery Company and the carrier the shipment being to the Easton Machinery Company as consignee, that company could only receive the boilers upon payment of all the charges due the carrier thereon by the Easton Machinery Company, i. e., from Utica to Wilmington, and the plaintiff was not entitled to demand the delivery of the boilers nor to subject them to the debt due it by its vendor until the payment of all the charges thereon due by the Easton Machinery Co. The judgment must be reversed and entered directing payment to the carrier of the sum deposited in court, $236.36, and the costs attending the controversy over said matter.
The carrier also excepted because the court adjudged that $267.80, the demurrage charges, war tax, etc., accruing between 23 September, 1919, when the boilers were attached, down to 23 October, 1919, when they were sold, should be paid to the carrier. The carrier was entitled to a lien for said charges and payment thereof out of the proceeds of the sale of the goods, the demurrage not having been caused by any default on its part.
*363A carrier cannot enforce collection of storage charges arising from its wrongful refusal to deliver goods to consignee, Hockfield v. R. R., 150 N. C., 419. Nor bold the goods for a lien for back freight on other goods. But the demurrage charges here were caused by the failure to pay the rightful charges due upon these identical goods, which were due by the consignor, who had shipped them to the order of itself as consignee, and the carrier could not be deprived of such lien by a delay to deliver caused by the controversy between the vendor and vendee, and the failure of the plaintiff to pay the rightful charges.
Reversed.