Steinman v. Wilkins
Supreme Court of Pennsylvania
THE plaintiff brought this action of trover against the defendant, who is a warehouse-man in Clarion county, on the Allegheny river, for the supposed conversion of certain goods retained for the price of warehouse room, being part of a larger lot which was stored in his warehouse by Hamilton & Humes, of whom the plaintiff is the general assignee* The greater part had been delivered to Hamilton & Humes, and the residue having been demanded without tender of any charges,…
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THE plaintiff brought this action of trover against the defendant, who is a warehouse-man in Clarion county, on the Allegheny river, for the supposed conversion of certain goods retained for the price of warehouse room, being part of a larger lot which was stored in his warehouse by Hamilton & Humes, of whom the plaintiff is the general assignee* The greater part had been delivered to Hamilton & Humes, and the residue having been demanded without tender of any charges, M’Calmont (President of the Common Pleas of Clarion county) directed the jury that though the defendant could not retain for…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though a plurality of the barons in Rex v. Humphrey (1 M’Clell. & Y. 194-5) dissented from the dictum of Baron Graham that a warehouse-man has a lien for a general balance, like a wharfinger, I do not understand them to have intimated that he has no lien at all. They spoke of it as an entity, and seem to have admitted that he has a specific lien, though not a general one. There is a well-known distinction between a commercial lien, which is the creature of usage, and a common-law lien, which is the creature of policy. The first gives a…
2Cited by18 opinions
- Lloyd v. HaughSupreme Court of Pennsylvania · 1909
- Mitchell v. Standard Repair Co.Supreme Court of Pennsylvania · 1923
- Hoover v. EplerSupreme Court of Pennsylvania · 1866
- Saxton v. GemehlSuperior Court of Pennsylvania · 1919
- Cummings v. GannSupreme Court of Pennsylvania · 1866
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