358. Sale or mortgage of ship.

Where, after entering into a contract of carriage, the shipowner sells the ship in which the goods are being carried, then, even in the absence of an express contract, the purchaser becomes entitled as equitable assignee, as from the date of the sale1, to receive any freight then in course of being earned2, on the basis that when the freight falls due he is the owner of the ship and takes the freight as being incidental to that property3. Payment of the freight to the purchaser by the person liable is, therefore, a valid payment4. The purchaser can, however,