Babb v. Talcott

Currier, Judge,

delivered tbe opinion of tbe court.

The plaintiff sues in replevin to recover possession of a quantity of wheat which he says the defendant wrongfully detains from him.

The answer admits the defendant’s possession, hut justifies the detention of the wheat upon the ground that the defendant has a lien upon it to secure his warehouse charges.

In reply the plaintiff meets the claim for warehouse charges by alleging, in the way of recoupment, that some forty bushels of the wheat originally stored with the defendant were lost and destroyed through his negligence, whereby the plaintiff…