Legal Opinion
BML Stage Lighting, Inc. v. Mayflower Transit, Inc.
Texas Court of Appeals, 14th District (Houston)
Decided February 24, 2000No. 14-98-00887-CVPublishedCited by 23 opinions
1Opinion of the Court
OPINION
JOE L. DRAUGHN, Justice
(Assigned).
We are asked in this appeal to determine whether a carrier may assert a lien on property in its possession where the property’s owner was a stranger to the shipping contract and was not the shipper, consignor, or consignee. Because we find as a matter of law that a carrier may not assert a hen in such a situation, we reverse, render judgment that a lien did not exist, and remand for a new trial on the property owner’s conversion claims.
BACKGROUND
This is an appeal from a jury trial in which Mayflower Transit, Inc. claimed a lien and right to foreclose…
2Cases cited35 opinions
- Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
- Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
- Cecil v. SmithTexas Supreme Court · 1991
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914
30 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Frazin v. Hanley, Texas Court of Appeals, 5th District (Dallas)2004
- BML Stage Lighting, Inc. v. Mayflower Transit, Inc.Court of Appeals of Texas · 2000
- Coleman v. Klöckner & Co. AG, Texas Court of Appeals, 14th District (Houston)2005
- Howard v. Sony Music BMGCourt of Appeals for the Fifth Circuit · 2009
- Republic Power Partners, L.P. v. City of Lubbock, Texas Court of Appeals, 7th District (Amarillo)2014
18 more not listed; retrieve them via the Exa API.