De Vinne v. Rianhard
New York Court of Common Pleas
Arread from a judgment of this court entered on the report of a referee. The action'was brought to fprelose _a lien claimedJiy.J;he plaintiffs_upon^eztain_ty.p,e, for printingjtnd otherwork done hyAheiSLfgr._thedefendants, the owners .of the type.
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Arread from a judgment of this court entered on the report of a referee. The action'was brought to fprelose _a lien claimedJiy.J;he plaintiffs_upon^eztain_ty.p,e, for printingjtnd otherwork done hyAheiSLfgr._thedefendants, the owners .of the type. The plaintiffs_were jirinters, and had for 'many years printed for the defendant,. Ahe ..McKillon. .&. Sprague Oompaiiy, of which the defendant Rianhardjhad been appointed receiver, a commercial register, published semi-annually, giving the financial standing of merchants throughout the United States. The company had purchased a large quantity of…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The plaintiffs, in my opinion, had no lien upon the type. It was held in Bleaden v. Hancock (Mood. & M. 465), that a printer has no lien upon stereotype plates which are left with him to print from; and I can see no distinction, so far as respects the right of lien, between type, as such, and stereotype plates. Cross, a careful and very reliable elementary writer on the law of lien says, • as the result of the cases when his book was written, forty years ago, that “ the courts have recognized and allowed without restriction, the right of .every bailee to a lien…
2Cases cited5 opinions
- McFarland v. WheelerNew York Supreme Court · 1841
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
- Cummings v. HarrisSupreme Court of Vermont · 1831
- Mead v. DarraghNew York Court of Common Pleas · 1857
- Miller v. LewisNew York Court of Appeals · 1851
3Cited by2 opinions
- Scott Shoe Machinery Co. v. BroakerCity of New York Municipal Court · 1901
- Jeanette Doll Co. v. CusmanoAppellate Terms of the Supreme Court of New York · 1923