Stillings v. Gibson
Supreme Court of New Hampshire
Tbover, for two car-loads of lumber. In the winter of 1881-2 the plaintiff was engaged hauling lumber for Thompson & Ricker from their mill in Pinkham’s Grant to Glen Station on the P. & O. Railroad, a distance of about twelve miles, and loading it on the ears. For hauling, loading, and binding on the cars, he was to receive §1 per thousand, to be paid upon the return of sales.
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Tbover, for two car-loads of lumber. In the winter of 1881-2 the plaintiff was engaged hauling lumber for Thompson & Ricker from their mill in Pinkham’s Grant to Glen Station on the P. & O. Railroad, a distance of about twelve miles, and loading it on the ears. For hauling, loading, and binding on the cars, he was to receive §1 per thousand, to be paid upon the return of sales. February 8, 1888, the mill of Thompson & Ricker was burned, and thereupon they were sued, and failed. At that time there were at the Glen Station two cars nearly loaded with lumber, part of which was hauled by the…
1Opinion of the CourtCarpenter, J.
Tbe plaintiff claims by virtue of a lien at common law, and not under tbe statute. It appears, from the reported facts and tbe verdict of tbe jury, that tbe plaintiff contracted with tbe owners of tbe timber to haul and load it upon tbe railroad cars at a certain price per thousand feet, to be paid to him “upon tbe returns of"sales,” — that is to say, upon tbe receipt by tbe owners of tbe avails of tbe sales in market. It does not appear bow long a credit was thus given by tbe plaintiff, nor is it material. A lien at common law is tbe right of detaining tbe property of another until some…
2Cases cited1 opinion
- Pinney v. WellsSupreme Court of Connecticut · 1834
3Cited by1 opinion
- Boston, Concord & Montreal Railroad v. Boston & Lowell RailroadSupreme Court of New Hampshire · 1888