Hursh v. Byers
Supreme Court of Missouri
Appeal from, Greene .Circuit Court. This was an action commenced before a justice of the peace. An appeal was taken to the circuit court. The facts as they appeared in evidence are as follows : Plaintiff in 1858 kept a hotel in Iowa city, Iowa. One Mrs. Acor boarded with him. When Mrs. Acor was on the point"of leaving, the plaintiff presented her bill, and told her she could not remove her trunk from the room she occupied until the bill was paid.
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Appeal from, Greene .Circuit Court. This was an action commenced before a justice of the peace. An appeal was taken to the circuit court. The facts as they appeared in evidence are as follows : Plaintiff in 1858 kept a hotel in Iowa city, Iowa. One Mrs. Acor boarded with him. When Mrs. Acor was on the point"of leaving, the plaintiff presented her bill, and told her she could not remove her trunk from the room she occupied until the bill was paid. The defendant Byers, under these circumstances, promised plaintiff, if he would let Mrs. Acor have her baggage, that he would go her security for…
1Opinion of the CourtScott, Judge
Story says, if a person comes upon a special contract to board and sojourn at an inn, he is not in the sense of the law a guest, but he is deemed a boarder. (§ 477.) The law gives the innkeeper a lien on the goods of a guest, not of a boarder. (§ 476.) The plaintiff having no lien on his boarder’s goods, he had no right to retain them; consequently there was no consideration for the promise made by the defendant to pay the board for which this suit is brought.
The other judges concurring, the judgment will be reversed and the cause remanded.
2Cited by5 opinions
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- Jackson v. EngertMissouri Court of Appeals · 1970
- Nichols v. HallidayWisconsin Supreme Court · 1871
- Walther v. MerrellMissouri Court of Appeals · 1878
- Coates v. AchesonMissouri Court of Appeals · 1886