Pollock v. Landis
Supreme Court of Iowa
Appeal from Limn District Court. Action of replevin for horses, a wagon and a set of double harness. The defendant states in his answer that at and before the commencement of the suit he was and still is the proprietor and keeper of a hotel in Marion in said county; that the plaintiff boarded with defendant, and defendant kept, stabled and fed the horses described in said petition for the space of about eight weeks.
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Appeal from Limn District Court. Action of replevin for horses, a wagon and a set of double harness. The defendant states in his answer that at and before the commencement of the suit he was and still is the proprietor and keeper of a hotel in Marion in said county; that the plaintiff boarded with defendant, and defendant kept, stabled and fed the horses described in said petition for the space of about eight weeks. That plaintiff is indebted to defendant on account of said board and the keeping of said horses in the sum of $81; that defendant detained said property as security for said sum,…
1Opinion of the CourtDay, J.
— There are two classes of persons who are entertained by innkeepersffor reward, guests and boarders.
Upon the goods of the former the innkeeper has a lien, but upon those of the latter he has not. 2 Parsons (5th ed.), 150, and cases cited.
It is not pertinent to this case to consider under what circumstances a person falls within the one or the other of these classes. The only question now presented is: Does the answer show that plaintiff remained with defendant in the character of a boarder, and not in the capacity of a guest %
The allegation of the answer is that the plaintiff hoarded with…
2Cases cited1 opinion
- Shoecraft v. BaileySupreme Court of Iowa · 1868
3Cited by5 opinions
- Hancock v. . RandNew York Court of Appeals · 1883
- Cedar Rapids Investment Co. v. Commodore Hotel Co.Supreme Court of Iowa · 1928
- In re the Judicial Settlement of the Accounts of DoubledayAppellate Division of the Supreme Court of the State of New York · 1916
- State v. HaySupreme Court of Iowa · 1964
- State v. TowleNebraska Supreme Court · 1977