Lessels v. Farnsworth
New York Court of Common Pleas
Appeal by plaintiffs from an order of the General Term of the City Court of New York, reversing a judgment of that court entered upon the verdict of a jury rendered by direction of the court. The action was brought for the conversion of three horses.
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Appeal by plaintiffs from an order of the General Term of the City Court of New York, reversing a judgment of that court entered upon the verdict of a jury rendered by direction of the court. The action was brought for the conversion of three horses. The defendant, a livery stable keeper, claimed a lien upon the horses for their keep from February to June, 1884, inclusive, under a contract with the owner, D. M'. Walduek, from whom plaintiffs purchased said horses on June lltli, 1884. It appeared from the evidence that the defendant was notified of the sale to the plaintiffs on June 15th,…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above].— According to the provisions of the statute which gives to livery stable keepers the right to detain horses until all charges for their keep or board are paid, no lien is acquired and no right of detention accrues until' notice in writing of the amount of such charges and of the intention to detain the animals is first given to the owner (L. 1872 c. 498, as amended by L. 1880 c. 145).
The question arising in this case is, whether the right to *475such lien is cut off by a sale of the animals before the statutory notice is given. If the answer to the question be…
2Cases cited3 opinions
- Eckhard v. DonohueNew York Court of Common Pleas · 1880
- Graham v. FitzgeraldNew York Court of Common Pleas · 1871
- Misch v. O'HaraNew York Court of Common Pleas · 1880
3Cited by2 opinions
- Owens v. FlynnNew York Court of Common Pleas · 1894
- Stallman v. KimberlyNew York Supreme Court · 1889