Import Systems International, Inc. v. Houston Central Industries

SUMMARY JUDGMENT ON CONVERSION

HUGHES, District Judge.

This conversion case presents the issue whether attorney’s fees that a bailee incurs in attempting to collect a debt secured by a possessory warehouseman’s lien are secured by that lien. The answer is no, but because the bailor made only a conditional tender of the amount necessary to satisfy the lien, its delivery of the check was not a proper tender. The bailor having failed to discharge the lien, there was no conversion, and the bailee was entitled to sell the bailed goods to pay the debt.

1. Background.

This dispute arose out of an…