401. Mortgagee's right to sue for trespass or conversion of goods.

Where the mortgagee is in possession, or has the immediate right to possession, of goods, he can sue for trespass or conversion, or to recover the goods1, and is the proper person to do so2, but the mortgagor, on tendering the amount due, is entitled to sue the mortgagee in conversion3. Similarly, a vendor who retains possession of goods subject to his lien is the proper person to sue in conversion in the event of the conversion of the goods by a stranger4. The lawful holder of a bill of lading, to whom the property in the goods mentioned