Wyckoff v. Southern Hotel Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. Under the statute, the respondent is not entitled to a lien on property not belonging to guests. Rev. Stat., sect. 3198. An inn-keeper’s lien.“ does not cover a chattel subsequently hired by the guest and brought into the inn.” Edwards on Bailments j( 2 Ed.) sect. 474. The right of lien is correlative - to, and dependent upon, the liability of the inn-keeper.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. Under the statute, the respondent is not entitled to a lien on property not belonging to guests. Rev. Stat., sect. 3198. An inn-keeper’s lien.“ does not cover a chattel subsequently hired by the guest and brought into the inn.” Edwards on Bailments j( 2 Ed.) sect. 474. The right of lien is correlative - to, and dependent upon, the liability of the inn-keeper. As the respondent would not have been liable to the appellants for the loss of the type-writer, or for any injury thereto (not occasioned by its negligence), no lien can…
1Opinion of the CourtThompson, J.
This is an action of replevin for a Remington typewriter. The case was tried in the circuit court upon the following agreed statement of facts : “About March 24, 1885, the plaintiffs in this action loaned -the typewriter in dispute to one A. H. Lighthall, who was then a guest of the defendant, who was and is a hotel-keeper and inn-keeper in the city of St. Louis, Missouri ; that said Lighthall took said machine into the defendant’s hotel, *385said Lighthall being then and there a transient guest at the defendant’s hotel, and, after remaining there about one week, left the city and state…
2Cases cited4 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Arians v. BrickleyWisconsin Supreme Court · 1885
- Jones v. MorrillNew York Supreme Court · 1864
- Manning v. HollenbeckWisconsin Supreme Court · 1870
3Cited by13 opinions
- L. E. Lines Music Co. v. HoltSupreme Court of Missouri · 1933
- Nicholas v. Baldwin Piano Co.Indiana Court of Appeals · 1919
- M & M Hotel Co. v. NicholsOhio Court of Appeals · 1935
- Barnett v. WalkerNew York Supreme Court · 1902
- Butterworth v. SoltzMissouri Court of Appeals · 1918
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