Legal Opinion

Stallman v. Kimberly

New York Supreme Court

Decided July 15, 1889Published

Cross-motions at the general term for judgment upon a direction of a verdict in favor of the plaintiff at the circuit, subject to the opinion of the general term.

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Cross-motions at the general term for judgment upon a direction of a verdict in favor of the plaintiff at the circuit, subject to the opinion of the general term. John H. Stallman and John Fulton, Jr., co-partners, brought replevin against Agnes L. Kimberly and Charles W. Johnson, co-partners in the business of warehousemen, to recover the possession of goods stored with the defendants after a demand upon the defendants for the goods and an offer of their charges for storage. The defendants refused to deliver up the goods and claimed that they had a lion upon them for charges on other goods…

1Opinion of the CourtBarrett, J.

This case was tried upon an agreed state of facts and there are no exceptions. It presents a single question of law, namely, whether under “ An act to estab*242lish and define the lien of warehousemen,” passed June 13, 1885 (chapter 526), the defendant possessed a general lien upon the property in question

The act reads as follows :

Section 1. A warehouseman 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 deposited…

2Cases cited13 opinions

  1. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  2. Schmidt v. BloodNew York Supreme Court · 1832
  3. Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
  4. Stultz v. DickeySupreme Court of Pennsylvania · 1812
  5. Babcock v. . BonnellNew York Court of Appeals · 1880

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