Stallman v. Kimberly
New York Supreme Court
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
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Schmidt v. BloodNew York Supreme Court · 1832
- Steinman v. WilkinsSupreme Court of Pennsylvania · 1844
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- Babcock v. . BonnellNew York Court of Appeals · 1880
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