121 N.Y.S. 271 | N.Y. App. Term. | 1910
The action is one for conversion of a lathe originally stored with the defendant for mutual benefit.
The history and rationale of this lien may be found in Trust v. Pirsson, 1 Hilt. 292, 297; Eivara v. Ghio, 3 E. D. Smith, 263, 267; cited with approval in Merritt v. Peirano, 10 App. Div. 563, 565; Lyungstrandh v. Haaker Co., 16 Mise. Eep. 387. See also Eobinson v. Kaplan, 21 Mise. Eep. 686, 689.
Upon the record of this case, it would seem that plaintiff had made out a prima facie case of conversion, since defendant, while entitled to recover a reasonable charge for storage, had no right to refuse to return the lathe until that charge was paid.
Seabuey and Lehman, TJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.