Smith v. Stevens
Supreme Court of Minnesota
The plaintiffs brought this action in the district court for Todd county, to recover the possession of a pair of horses, claiming the right of possession under a chattel mortgage from the owner, one Bosworth, which mortgage was duly filed on April 7,1885. The answer alleges as a defence that the defendant is the proprietor of a hotel or boarding house; that on May 7, 1885, Bosworth came to defendant’s place of business as a guest, bringing with him the horses in question;…
Read the full summary
The plaintiffs brought this action in the district court for Todd county, to recover the possession of a pair of horses, claiming the right of possession under a chattel mortgage from the owner, one Bosworth, which mortgage was duly filed on April 7,1885. The answer alleges as a defence that the defendant is the proprietor of a hotel or boarding house; that on May 7, 1885, Bosworth came to defendant’s place of business as a guest, bringing with him the horses in question; that Bosworth was the owner and in possession of the horses; that defendant furnished them with necessary food and room…
1Opinion of the CourtBerry, J.
Under Gen. St. 1S78, c. 90, §§ 16, 17, as the latter is amended by Laws 1885, c. 81, any person keeping any horses at the request of the owner or lawful possessor thereof, is entitled to a lien for his just and reasonable charges therefor, and may hold and retain the property until such charges are paid. This is, by its terms, a law of general application as respects its subject-matter. It expressly provides that keeping at the request of the legal possessor shall be sufficient. This includes the case of a mortgagor lawfully in possession of mortgaged property, as by the express provision of *304t…
2Cases cited4 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Case v. AllenSupreme Court of Arkansas · 1878
- The Granite StateDistrict Court, D. Massachusetts · 1855
3Cited by21 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Hanch v. RipleyIndiana Supreme Court · 1890
- Wright v. ShermanSouth Dakota Supreme Court · 1892
- Sullivan v. CliftonSupreme Court of New Jersey · 1893
- First National Bank v. SilvaCalifornia Supreme Court · 1927
16 more not listed; retrieve them via the Exa API.