Shafer v. Guest
The Superior Court of New York City
Appeal by the defendant from a judgment entered upon the verdict of a jury. The action was brought to recover the possession of certain articles of household furniture, alleged to be wrongfully detained by the defendant.
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Appeal by the defendant from a judgment entered upon the verdict of a jury. The action was brought to recover the possession of certain articles of household furniture, alleged to be wrongfully detained by the defendant. The defendant, by .his answer, denied each and every allegation in the complaint; and for a second and further defense, alleged that at and before the commencement of this action, the property described in the complaint was the property of Henrietta F. Merry, otherwise called Henrietta F. Osborne. That at and before the time aforesaid the defendant was the keeper of a…
1Opinion of the Court
By the Court, Monell, J.
The defendant, upon his examination as a witness, testified that Miss Osborne was owing him “ some ” for washing, but not for board. Indeed the evidence is uncontradicted that, at the time Miss Osborne left the defendant’s house she paid all that was due for board and use of rooms. There was not, therefore, a present indebtedness; which was essential to give a boarding house keeper’s lien upon the property of his guest. Even if the arrangement made with Wood, that Miss Osborne should board with the defendant for a year, and that he, Wood, would pay the rent, could have…
2Cases cited3 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- New York & Erie Rail Road v. CookThe Superior Court of New York City · 1850
- Clark v. Mayor of New YorkNew York Supreme Court · 1863