Legal Opinion

Wilson v. Martin

Supreme Court of New Hampshire

Decided January 15, 1860Published

Trespass, for taking and carrying away two harnesses. Plea, the general issue. It appeared that the plaintiff, George L. Wilson, was the owner of the harnesses, and that, for the purpose of getting them cleaned and oiled, he carried them to the shop of one Page, who was a saddler and harness-maker by trade, and employed himself, in connection with his business as a saddler and harness-maker, and as a part of the same, in repairing, cleaning, and oiling harnesses.

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Trespass, for taking and carrying away two harnesses. Plea, the general issue. It appeared that the plaintiff, George L. Wilson, was the owner of the harnesses, and that, for the purpose of getting them cleaned and oiled, he carried them to the shop of one Page, who was a saddler and harness-maker by trade, and employed himself, in connection with his business as a saddler and harness-maker, and as a part of the same, in repairing, cleaning, and oiling harnesses. Page performed labor in cleaning and oiling these harnesses, and for that service was entitled to receive of the plaintiff the sum…

1Opinion of the CourtFowler, J.

The right of lien at common law was originally confined to cases where persons, from the nature of their occupation, were under obligation, according to their means, to receive and be at trouble and expense about the personal property of others; and was limited to certain trades and occupations necessary for the accommodation of the public, such as common carriers, innkeepers, farriers, and the like. But in modern times the right has been extended so far that it may now be laid down as a general rule, to which there are few exceptions, that every bailee for hire, who by his labor and skill…

2Cases cited3 opinions

  1. Marshall v. DavisNew York Supreme Court · 1828
  2. Nash v. MosherNew York Supreme Court · 1838
  3. Cowing v. SnowMassachusetts Supreme Judicial Court · 1814

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