Legal Opinion

Danforth v. Pratt

Supreme Judicial Court of Maine

Decided July 1, 1856PublishedCited by 3 opinions

On Report from Nisi Prius, Hathaway, J., presiding. Replevin, for a mare. Defendant pleaded the general issue, with a brief statement of a special property in the mare for feeding, keeping, doctoring and curing her, for the space of thirty days. The plaintiff owned the mare and kept a livery stable in Bangor.

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On Report from Nisi Prius, Hathaway, J., presiding. Replevin, for a mare. Defendant pleaded the general issue, with a brief statement of a special property in the mare for feeding, keeping, doctoring and curing her, for the space of thirty days. The plaintiff owned the mare and kept a livery stable in Bangor. A. W. Noble, an employee of a Mr. Babb of Old-town, hired the mare of plaintiff, and while in his charge she was badly injured, and he took her to the stable of defendant, who was an inn-keeper in Oldtown, (no evidence was offered that he was licensed to keep an inn,) and requested his…

1Opinion of the CourtGoodenow, J.

This is an action of replevin. The general property in the mare replevied, it is admitted, is in the plaintiff. The defendant claims to hold possession of said mare by virtue of a lien thereon, for “ feeding, keeping, doctoring and curing said mare.”

We are of opinion, upon the undisputed facts in the case, that the defendant had such lien, if not as an inn-keeper, as a farrier. Lord v. Jones, 24 Maine, 439.

*52Has the defendant relinquished or waived his lien ?

Hastings Strickland, introduced by the plaintiff, testified, “ that the plaintiff told him, he had been to Oldtown, and that the defendant…

2Cited by3 opinions

  1. General Motors Acceptance Corp. v. Colwell Diesel Service & Garage, Inc.Supreme Judicial Court of Maine · 1973
  2. Turner v. PriestCourt of Appeals of Georgia · 1933
  3. Clark v. CostelloNew York Supreme Court · 1894

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