Alton v. New York Taxicab Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, fifth district, borough of Manhattan, dismissing the complaint without prejudice to a new action.
1Opinion of the CourtBijur, J.
The action is one for conversion of a lathe originally stored with the defendant for mutual benefit. *192After defendant notified plaintiff to remove it, the latter delayed for about four months, after which his demand for the return of the lathe was refused, unless he paid a reasonable storage charge therefor. ISTo lien, however, inures upon stored goods in favor of a casual bailee, either by commercial usage or the laws of this State. By Laws of 1907, chapter 732, section 27 (now section 112 of the General Business Law), the right to a lien is limited to a warehouseman, defined as “ a person…
2Cases cited2 opinions
- Trust v. PirssonNew York Court of Common Pleas · 1857
- Merritt v. PeiranoAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Grice v. BerknerSupreme Court of Minnesota · 1921
- Troy Waste Manufacturing Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913