Peet v. McGraw
New York Supreme Court
Error from the Cortland C. P. Peet sued McGraw in an action of replevin for detaining a pair of sorrel mares received by him from one Julian Collins, to b.e delivered to the plaintiff.
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Error from the Cortland C. P. Peet sued McGraw in an action of replevin for detaining a pair of sorrel mares received by him from one Julian Collins, to b.e delivered to the plaintiff. The defendant pleaded that at the time he received the mares from Collins he was the keeper of a public inn at Cortlandville, and as such innkeeper received the mares and [ *654 ] expended a large sum of money, to wit, &c. in their *necessary feed and keeping, previous to the mares being demanded by the plaintiff; and because the plaintiff omitted to tender to him or offer to pay him for the keeping of the…
1Opinion of the Court
By the Court,
Nelson, C. J.
I am of opinion that the plea is sufficiently certain to raise the lien for keeping the horses. It is said that the defendant should have averred *that Collins was a trav- [ *655 ] eller or guest, 'and as such delivered the horses to be kept, for the purpose of showing distinctly the character in which they were received by him, without which no lien arises upon the custom of the realm. But the averment made by the defendant that he was the keeper of a public inn at Cortl.mdville and as such innkeeper received the said horses, seems to me to be equivalent to the averment…
2Cited by4 opinions
- Waters Co. v. . GerardNew York Court of Appeals · 1907
- McDaniels v. RobinsonSupreme Court of Vermont · 1854
- Ticehurst v. BeinbrinkAppellate Terms of the Supreme Court of New York · 1911
- Grinnell v. CookNew York Supreme Court · 1842