Misch v. O'Hara
New York Court of Common Pleas
Appeal from a judgment of a district court in the city of New York. This was an action of claim and delivery for goods of the plaintiff, detained by the defendant under a claim of a lien thereon, for board. The facts are stated in the opinion. Upon the trial the justice rendered judgment for the plaintiff. From the judgment the defendant appealed.
1Opinion of the CourtVan Hoesen, J.
Misch boarded with O’Hara, who was a boarding-house keeper, and owed her for three weeks’ board, when she demanded his room, and requested him to leave her house. When he departed she detained his trunk, claiming that she had a lien upon it for board which he owed.
*362Misch then brought this action of claim and delivery, and the defendant, in her answer, set up that she held the property by virtue of her lien as a boarding-house keeper, for the board which the plaintiff owed her. ’’
The justice gave judgment for the plaintiff, and said that the statute of 1860, which gave boarding-house keepers a…
2Cases cited3 opinions
- Jones v. MorrillNew York Supreme Court · 1864
- Stewart v. McCreadyNew York Court of Common Pleas · 1861
- Cady v. McDowellNew York Supreme Court · 1869
3Cited by2 opinions
- Lessels v. FarnsworthNew York Court of Common Pleas · 1886
- Stallman v. KimberlyNew York Supreme Court · 1889