Rodgers v. Grothe
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of YorJe county: to May Term 1868, No. 19. This was an action of replevin for a horse, by Frederick Grothe against Edward Rodgers, brought May 17th 1865. The defendant pleaded non cepit and property. The plaintiff proved that the horse was in the possession of the defendant when the writ was served, and that plaintiff had bought him at a government sale.
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Error to the Court of Common Pleas of YorJe county: to May Term 1868, No. 19. This was an action of replevin for a horse, by Frederick Grothe against Edward Rodgers, brought May 17th 1865. The defendant pleaded non cepit and property. The plaintiff proved that the horse was in the possession of the defendant when the writ was served, and that plaintiff had bought him at a government sale. The plaintiff then gave evidence that he had delivered the horse to John Beam in September 1864, under an agreement that if cured plaintiff should pay him $10, and $1 per month for pasture, and other feed at…
1Opinion of the Court
The opinion of the court was delivered, May 14th 1868, by
Agnew, J.
At the common law the lien of a bailee for service lasts only while he retains the possession. His relation to the bailor, the owner of the chattel, is a personal one, and grows 'out of the confidence the bailor is presumed, to repose in the skill and fidelity of his bailee, when intrusting his property to him for the service intended to be performed upon or toward it. The law implies a contract on part of the bailee to perform the service skilfully, and then to return the chattel faithfully on payment for his service. Hence if…
2Cited by6 opinions
- Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
- Saxton v. GemehlSuperior Court of Pennsylvania · 1919
- Louis Bernstein v. J.M. HinemanSuperior Court of Pennsylvania · 1925
- Boys' Novelty Suit Co. v. GarfieldSuperior Court of Pennsylvania · 1921
- Holt v. AchiHawaii Supreme Court · 1906
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