Yearsley v. Gray
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 10 July Term 1890, Sup. Ct.; court below, No. 32 August Term 1889, C. P. On Juno 7, 1889, Davis Yearsley, L. C. Emery and H. G. Emery brought replevin against Baldwin Gray, to recover possession of a horse. The writ was returned as served and property bond given by defendant.
Read the full summary
APPEAL BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 10 July Term 1890, Sup. Ct.; court below, No. 32 August Term 1889, C. P. On Juno 7, 1889, Davis Yearsley, L. C. Emery and H. G. Emery brought replevin against Baldwin Gray, to recover possession of a horse. The writ was returned as served and property bond given by defendant. A statement of claim having been filed, the defendant pleaded non cepit and property, “ and, for a further plea in this behalf, the defendant says he has a lien upon the said horse for pasturage, amounting to the sum of 189.” At the trial on…
1Per curiam
It is a well-settled rule of law that an agister is not bound to restore a horse which he has taken to pasture, until his compensation is paid or tendered: Megee v. Beirne, 39 Pa. 50; Mathias v. Sellers, 86 Pa. 486. This is because the agister has a common-law lien for its keep. And it is equally well settled that, where there is an entire contract for the keep of a number of horses or other animals, the agister has a lien on them all, not only for their proportionate part of the sum due for the keep of all, but for the entire amount due upon all the animals embraced in the contract: Young v.…
2Cases cited4 opinions
- Mathias v. SellersSupreme Court of Pennsylvania · 1878
- Megee v. BeirneSupreme Court of Pennsylvania · 1861
- Young v. KimballSupreme Court of Pennsylvania · 1854
- Hensel v. NobleSupreme Court of Pennsylvania · 1880
3Cited by6 opinions
- Saxton v. GemehlSuperior Court of Pennsylvania · 1919
- R & R CAPITAL, LLC v. MerrittDistrict Court, E.D. Pennsylvania · 2009
- Price v. BrownSuperior Court of Pennsylvania · 1995
- Eugene Barry & Sons v. StoneCourt of Appeals for the First Circuit · 1925
- O'Connor, J. v. Snyder, E. and L.Superior Court of Pennsylvania · 2024
1 more not listed; retrieve them via the Exa API.