Manning v. Hollenbeck
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Replevin, for a certain “ sample trunk and its contents.” The defense was, that one Reynolds came to defendant’s hotel at Oshkosh in this state, in July, 1868, and took rooms and stopped at said public house as a guest, remaining there until he had contracted an indebtedness, as such, of $73; that he had with him as baggage the property in question, and defendant had a lien thereon for the amount of his hill; that Reynolds,…
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APPEAL from tbe Circuit Court for Winnebago County. Replevin, for a certain “ sample trunk and its contents.” The defense was, that one Reynolds came to defendant’s hotel at Oshkosh in this state, in July, 1868, and took rooms and stopped at said public house as a guest, remaining there until he had contracted an indebtedness, as such, of $73; that he had with him as baggage the property in question, and defendant had a lien thereon for the amount of his hill; that Reynolds, with intent to cheat and defraud defendant, and to obtain said property and get away with it, gave defendant a draft on…
1Opinion of the CourtCole, J.
The principle is not contested, that generally an innkeeper has a lien upon the baggage or goods brought to his house by a guest, for the expenses of board and lodging of such guest; but it is claimed that the evidence shows that there was a clear waiver of the lien by the defendant for the bill made by Reynolds in July, by his accepting the draft and' parting with the possession of the trunk. It may well be that if the innkeeper, without any fraud being practiced upon him, accepts a draft drawn by his guest in .payment of his bill, voluntarily relinquishing the possession of the baggage or…
2Cited by7 opinions
- Palmtag v. DoutrickCalifornia Supreme Court · 1881
- Wyckoff v. Southern Hotel Co.Missouri Court of Appeals · 1887
- Singer Manufacturing Co. v. MillerSupreme Court of Minnesota · 1893
- Cook v. KaneOregon Supreme Court · 1886
- Turner v. PriestCourt of Appeals of Georgia · 1933
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