13 Or. 482 | Or. | 1886
Lead Opinion
This suit was instituted by the plaintiff, as an innkeeper, to enforce a lien against a piano, put in his possession by the defendant as his guest, for a debt due for lodging and entertainment. By the facts stipulated, it is admitted that the relation of innkeeper and guest existed between the plaintiff and defendant when the plaintiff, at the request of the defendant, paid the freight charges on the piano, and took it into his custody; that the piano was in fact the property of a third person, who had consigned it to the defendant to sell on commission, but that the plaintiff did not know it was the property of such third person, but received it in his character as an innkeeper and as the property of his guest. Upon this state of facts, we are to inquire whether the piano is chargeable with an innkeeper’s lien for board and lodging furnished his guest.
At common law, the liability of an innkeeper for the loss of the goods of his guest is special and peculiar, and like that of the common carrier, is founded on grounds of public policy. It. must not, however, be confounded with that of a common carrier; the liabilities, though similar, are distinct. (Clark v. Burns, 118 Mass. 275; Schouler on Bailments, 259.) Whatever controversy may exist in the judicial mind as to the true measure of the innkeeper’s responsibility,(it cannot be denied that his liability for the loss of the goods of his guest is extraordinary and exceptional.) (Schouler on Bailments, 261, and notes; Coggs v. Bernard, 1 Smith’s Lead. Cas., Am. Notes, 401.) (Compelled to afford entertainment to whomsoever may apply) and behave with decency, the law, as an indemnity for the extraordinary liabilities which it imposes, has clothed the innkeeper with' extraordinary privileges. It gives him, as a security for unpaid charges, a lien upon the property of his guest, and upon the goods put by the guest into his possession.
In Broadwood v. Granara, 10 Exch. 417, the innkeeper knew that the piano sent to the guest did not belong to him, and did not receive it as part of the guest’s goods; and it was on that ground alone he was held not entitled to his lien. But in Threfall v. Borwick, L. R. 7 Q. B. 711, where the innkeeper had received the piano as part of the goods of his guest, it was held he had a lien upon it. Miller, J., said: “ When, having accommodation, he has received the guest with his goods, and thereby has become liable for their safe custody, it would be hard if he was not to have a lien upon them. And under such circumstances, the lien must be held to extend to goods which he might possibly have refused to receive.?’ Lusk, J., said: “ I am of the same opinion. The innkeeper’s lien is not restricted to such things as a traveling guest brings with him in journeying; the contrary has been laid down long ago. It extends to all goods the guest/ brings'with him and the innkeeper receives as his. Ifj’.y he has this lien as against the guest, the cases have established beyond all doubt that he has the same right as against the real owner of the article, if it has been brought to the inn by the guest as owner.” To the same effect, Q/aain, J., said: “ There is no authority for the proposition that the lien of the innkeeper only extends
Whenever, by virtue of the relation of innkeeper and
Dissenting Opinion
(dissenting). It appears from the transcript herein that the respondent, on or about the twelfth day of September, 1885, commenced a suit in said Circuit Court against one A. J. Kane, to subject a certain piano to the payment of a claim against him in favor of the said respondent. The respondent alleged in his complaint in the suit that he was a hotel-keeper in Baker City in said county; that in May, 1885, Kane became a guest at his hotel, was furnished with meals, food, and lodging of the reasonable value of $160, which had not been paid; that on the third day of July, 1885, whi.79 Kane was such guest, the respondent, at his request, took the piano into charge, then in the freight office of the Oregon Railway and Navigation Company at said city, consigned to Kane as his property; and at Kane’s request placed it in the hotel, where he had ever since had it in charge; that Kane was wholly impecunious and insolvent; that during all of said times Kane claimed
After the filing of said answer, the parties entered into a stipulation, in which they agreed that for the purpose of the determination of the suit, the issues should be taken and considered as fully made as though reply had been filed, and that no objection should be made to the manner or form of the pleadings; that the court should hear and determine, and enter its decree in the case upon the following agreed facts:
“1. That defendant A. J. Kane became indebted between tjie-day of May, 1885, and September 11, 1885, to plaintiff, in the sum of $140, for board and lodging furnished said Kane by plaintiff, as a hotel and inn keeper, at Baker City, Oregon, and in the further sum of $12.50, money loaned said Kane by plaintiff, between May 28 and August 3, 1885, no part of which has been paid.
“2. That said defendant Kane continued to be the guest of said plaintiff at his said hotel at Baker City, Oregon, until September 11, 1885, when he left said plaintiff’s hotel and inn, and that said Kane is impecunious and wholly insolvent.
“3. That on the third day of July, 1885. plaintiff took into his charge and custody and control one upright D. W. Prentice piano, No.-, mentioned in complaint, with the consent of A. J. Kane, and at his request; that the same was placed in the parlor of said plaintiff’s hotel and inn, where it ever since has been and now is; that the said instrument is of the value of $380.
“4. That said piano was shipped to Baker City, Oregon, consigned to defendant A. J. Kane, and in his name, by D. W. Prentice, to be sold by said Kane on commission.
“5. That said A. J. Kane is not now, and never was, the owner of said piano, and the only right he had therein*489 was to sell the same, and retain his commission out of the gross amount.
“6. That D. W. Prentice has always been, and now is, the owner of said piano mentioned in the complaint.
“ 7. That plaintiff paid freight charges on said piano to the Oregon Railway and Navigation Company, at the request of said Kane, the sum of $14.50.
“ 8. That said D. W. Prentice, before the filing of the answer herein, demanded the possession of said piano from plaintiff, which was refused by plaintiff, and that said Prentice offered to plaintiff the said sum of $14.50, so paid by said plaintiff as freight charges on said piano, which sum plaintiff refused to accept.
“ 9. That said D. W. Prentice has paid into the hands of the clerk of this court' the said sum of $14.50, as a payment in full of all claims and demands due from him to plaintiff, and the said sum is now subject to the order of plaintiff.”
The court found the facts in accordance with the above stipulation, and as conclusions of law based on said findings, the court concluded:
“ 1. That the plaintiff, Louis Cook, is entitled to have and recover judgment against the said defendant A. J. Kane, for the sum of $140 as declared on in the first cause of suit in said complaint.
“ 2. And for the further sum of $12.50 as set forth and declared on in the second cause of suit in said complaint, and for the costs and disbursements of this suit, and that he is entitled to have execution and decree issue therefor.
“ 3. That plaintiff has a good and valid lien, as a hotel and inn keeper, upon the said upright piano mentioned in the complaint, and now in his possession, in the sum of-dollars, being the amount of the board and lodging furnished by said plaintiff to the defendant A. J.*490 Kane, between the third day of July, 1885, and the eleventh day of September, 1885; that the same should be foreclosed on and against the said upright piano mentioned in the complaint, to satisfy said sum of-dollars; that he is entitled to judgment and decree of this court directing the sale of said piano for the payment and satisfaction of said sum of-dollars, and the costs and disbursements herein, and the receiver herein, in accordance with the law and practice of this court, and as property is sold on execution, sell said piano, and out of the proceeds of said sale, after paying the costs and expenses of the same, pay to plaintiff the amount of said lien, and if any overplus remain, the same to be paid into the registry of this court, subject to the order of the intervenor, D. W. Prentice.
“ 4. That a judgment be docketed herein for the sum of-dollars against the said defendant, A. J. Kane.”
From which decree the appeal is taken.
The question to he determined is whether the decree, is sustained by the facts alleged and stipulated. The respondent’s counsel claimed in the outset that the appellant had no standing in court, that there was no party to a suit in this state known as an intervenor. There is no such party known to our Code. We have only two parties to actions, suits, and proceedings, except in garnishee proceedings, and they are known as plaintiff and defendant. Where property has been attached in the hands of a third person, and the latter refuses to furnish a certificate concerning it, or his certificate furnished it is unsatisfactory, and he is required to appear and be examined on oath concerning the same, such person, in the proceedings thereon, is known as the garnishee. (Civil Code, sec. 161.) Nor do 1 know of any case where a person not made a party to an action, suit, or proceeding has the right to becoihe a party plaintiff or defendant,
The appellant claimed ownership of the piano which the respondent was attempting to subject to the payment of his debt, and “a complete determination of the controversy ” could not be had without the presence of the appellant. Upon the main question in the case, there is some doubt in view of the authorities upon the subject. Though upon a common-sense view there would not seem to be any. (That the man Kane could pledge the appellant’s piano for his own hotel bill, or in any way subject it to the payment thereof, would shock all sense ■of property right, j The respondent’s counsel, however, have cited numerous cases where such a lien has attached to the property of a third person, and I have no doubt but that such lion will in many cases attach to the property taken by the guest to the inn, at which he obtains accommodations, though he be not the owner of it. ( But in all such cases, it seems to me the property must derive some special benefit, or else the owner must have intrusted it to a party under circumstances from which he could reasonably have concluded that the party would become the guest of an inn, and take the property with him there as his own; and I do not think the rule should extend further than thisi) In the case under consideration, it does not appear that the appellant ever knew
I think the decree should be reversed as to the appellant.