120 Misc. 782 | N.Y. App. Term. | 1923
The action is in conversion to recover $600, the value of two sets of Kewpie doll dies. The answer is a general denial and a defense that the dies in question are held by virtue of a lien thereon. It appears that plaintiff contracted with defendants to manufacture a certain lot of dolls from dies furnished by plaintiff. On the completion of the work plaintiff demanded the return of the dies, which was refused unless plaintiff paid defendants the sum of thirty dollars, the cost of installing the dies in defendants’ factory, which defendants contended plaintiff had agreed to pay. This was denied by plaintiff and raised the main issue in the case, which was decided in favor of defendants, the court holding that they had a lien on the dies mentioned in the sum of thirty dollars, and awarding judgment accordingly.
The law is well settled that when an article or instrument is delivered by the owner thereof to another, with which instrument the latter is to perform work for the former, the person so using it is not, at common law, entitled to a lien on the instrument itself.
The action being in conversion and the value of the chattels at the time of the conversion having been fixed by competent proof at the sum of $600, the amount sued for, we direct judgment in favor of plaintiff for that amount together with costs in this court and the court below.
Judgment reversed, with $30 costs, and judgment directed in favor of plaintiff for $600 and costs.
All concur. Present: Guy, Bijue and Delehanty, JJ.
Judgment reversed.