Stephenson v. Lichtenstein

The opinion of the court was delivered by

Swayze, J.

This is an action of replevin. The defendant Turner, on June 1st, 1904, was employed to cart the goods from one place to another, in Newark, for an agreed price of $5.50. After one load had been delivered a dispute arose as to the amount of Turner’s charge, and he refused to deliver the second load unless $7 was paid. Upon the plaintiffs’ refusal to pay this amount, Turner took the goods to the storage warehouse of Lichtenstein, who paid him the $7 and issued a warehouse receipt. On July 27th the plaintiffs tendered Lichtenstein $2.50, his…