Robinson v. Larrabee
Supreme Judicial Court of Maine
On exceptions. Trover, brought by the plaintiff as administrator to recover for a counter, of the alleged value of ten dollars, belonging to the estate of his intestate, and taken and converted by the defendant, who justified his possession and detention of it under a claim of lien upon it for two years’ storage of it.
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On exceptions. Trover, brought by the plaintiff as administrator to recover for a counter, of the alleged value of ten dollars, belonging to the estate of his intestate, and taken and converted by the defendant, who justified his possession and detention of it under a claim of lien upon it for two years’ storage of it. This action was originally commenced before the municipal court of Portland, and thence taken by the defendant, by appeal, to the superior court, where it was tried before the justice, with right to except, at its October term, 1872. The justice of that court found, as matter…
1Opinion of the CourtDickerson, J.
Trover for the value of a merchant’s counter. There is no question but the voluntary relinquishment, by the bailee, of possession of the subject of the bailment discharges his lien, unless it is consistent with the contract, the course of business or the intention of the parties. The conduct of the bailee in parting with his possession is inconsistent with the preservation of his lien, and where that is proved, the presumption is, that he has waived, or abandoned it, unless Ms conduct in so doing is satisfactorily explained. Danforth v. Pratt, 42 Maine, 52; Spaulding v. Adams, 32 Maine, 212.
Th…
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