Trust v. Pirsson
New York Court of Common Pleas
Appeal by plaintiff from an order at special term awarding costs to defendants. This was an action to recover tbe sum of $52 due for storage, &c., and to enforce a lien on certain piano fortes therefor. In November, 1854, an agreement was made between tbe plaintiff and tbe defendant Pirsson, by tbe execution of the two following writings, tbe one executed by Pirsson to Trust, and tbe other by Trust to Pirsson. “ I hereby agree to pay Joseph IV.
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Appeal by plaintiff from an order at special term awarding costs to defendants. This was an action to recover tbe sum of $52 due for storage, &c., and to enforce a lien on certain piano fortes therefor. In November, 1854, an agreement was made between tbe plaintiff and tbe defendant Pirsson, by tbe execution of the two following writings, tbe one executed by Pirsson to Trust, and tbe other by Trust to Pirsson. “ I hereby agree to pay Joseph IV. Trust twenty-five dollars per month, for the privilege of slowing in bis store, No. 65 Walker street, piano fortes, with tbe right of repairing…
1Opinion of the Court
Daly, J. —
The chief difficulty in this case — tliat is, whether the plaintiff had any lien at all — does not appear to have been considered upon the trial, nor upon the submission of this appeal.
That he had no lien is very clear. A lien at common law and *297in equity is a right to retain and possess a tiling until some charge upon it is paid and removed (2 Story Eq. Jur. § 1216), .and as far as it relates to personal property, it depends less upon any general principle than upon the usage of trade, or the recognition of a right to it, in particular instances. Kruger v. Wilcox, 1 Amb. 253, and…
2Cases cited1 opinion
- Cummings v. HarrisSupreme Court of Vermont · 1831
3Cited by9 opinions
- Arians v. BrickleyWisconsin Supreme Court · 1885
- Merritt v. PeiranoAppellate Division of the Supreme Court of the State of New York · 1896
- Stallman v. KimberleyNew York Supreme Court · 1889
- Alton v. New York Taxicab Co.Appellate Terms of the Supreme Court of New York · 1910
- Pezenik v. GreenbergAppellate Terms of the Supreme Court of New York · 1916
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