Stallman v. Kimberley
New York Supreme Court
Motions for judgment on verdict, subject to the opinion of the general term. ¡Replevin by John H. Stallman and others against Agnes L. Kimberley and others. The agreed statement of facts showed that the defendants, who were warehousemen, refused to deliver certain articles stored until the charges for storage, cartage, and expenses of receiving and delivering other articles, which had already been delivered, were paid.
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Motions for judgment on verdict, subject to the opinion of the general term. ¡Replevin by John H. Stallman and others against Agnes L. Kimberley and others. The agreed statement of facts showed that the defendants, who were warehousemen, refused to deliver certain articles stored until the charges for storage, cartage, and expenses of receiving and delivering other articles, which had already been delivered, were paid. Plaintiffs and defendants both move for judgment on the verdict.
1Opinion of the CourtBarrett, J.
This case was tried upon an agreed state of facts, and there are no exceptions. It present's a single question of law, namely, whether, under “An act to establish and define the lien of warehousemen,” passed June 13..1885, (chapter 526,) the defendants possessed a general lien upon the property in question. The act reads as follows: “Section 1. A warehouse*707man, or person lawfully engaged exclusively in the business of storing goods, wares, and merchandise for hire, shall have a lien for his storage charges, for moneys advanced by him for cartage, labor, weighing, and coopering paid on goods…
2Cases cited4 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
- Trust v. PirssonNew York Court of Common Pleas · 1857
- Sage v. GittnerNew York Supreme Court · 1851
3Cited by5 opinions
- San Angelo Wine & Spirits Corp. v. South End Warehouse Co.Appellate Division of the Superior Court of California · 1936
- Harbor View Marine Corp. v. Braudy. In Re Pearl Fisheries, IncCourt of Appeals for the First Circuit · 1951
- Baumann v. PostNew York Court of Common Pleas · 1890
- Harbor View Marine Corp. v. Braudy. In Re Pearl Fisheries, IncCourt of Appeals for the First Circuit · 1951
- Stallman v. KimberlyNew York Supreme Court · 1890