Jeems v. Lewis

•Pottle, J.

The only question in this ease is whether a bailee for hire can, in defense to an action of trover, brought in a court having no .equitable jurisdiction, plead that he has not been paid for- keeping the bailed property. Trover never lies unless there has heen a conversion. There is no conversion as long as the party in possession has a right to retain the chattel against the person claiming the right to re’cover it. According to the plea, the defendant 'was a depositary for hire. She had a lien on the goods and a right to retain them until the hire was paid. Civil Code, § 3501;…