Young v. Kimball
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of replevin, by James Kimball v. John G. Young, for a span of sorrel horses. Kimball was an innkeeper, in Wellsboro’, Tioga county. Young, the defendant in the replevin, was a contractor for carrying the mail twice a week between Wellsboro’ and Coudersport in Potter county. He sub-let the contract to Cornelius Culp.
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Error to the Common Pleas of Tioga county. This was an action of replevin, by James Kimball v. John G. Young, for a span of sorrel horses. Kimball was an innkeeper, in Wellsboro’, Tioga county. Young, the defendant in the replevin, was a contractor for carrying the mail twice a week between Wellsboro’ and Coudersport in Potter county. He sub-let the contract to Cornelius Culp. Culp testified that lie made an arrangement with Kimball to board him, and give him barn-room for horses, grain and hay, at a stipulated sum per week. He took care of the team himself. In part he found his own hay and…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
It is not disputed that there was money due to Kimball, the plaintiff below, for the keeping of these horses; and if that fact gave him a lien upon them, it is immaterial what the Court said about the board of the driver, for any amount of lien would justify their detention.
His right to reclaim them, when forcibly or clandestinely taken from his custody, depended upon his right to detain them as against the taker, and replevin is a proper remedy in such a case.
The right of lien for the keeping of several horses of the same person at the same…
2Cited by7 opinions
- North End Auto Park, Inc. v. PETRINGA TRUCKING CO. INCMassachusetts Supreme Judicial Court · 1958
- Parks v. " MR. FORD"District Court, E.D. Pennsylvania · 1975
- Automobile Banking Corp. v. WeichtSuperior Court of Pennsylvania · 1946
- Yearsley v. GraySupreme Court of Pennsylvania · 1891
- In Re BurkeUnited States Bankruptcy Court, E.D. Pennsylvania · 1980
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