Hoover v. Epler

Decision Date25 June 1866
Citation52 Pa. 522
PartiesHoover <I>versus</I> Epler.
CourtPennsylvania Supreme Court

Gibson, C. J., in Steinman v. Wilkins, 7 W. & S. 466, in treating of the doctrine of liens by warehousemen and bailees, notices with seeming satisfaction the extension of it to other than bailments for skilled labour, or locatio operi faciendi, when something is to be done upon the thing bailed by one skilled, citing Bevan v. Waters, Moo. & M. 235, in which a trainer was allowed to retain for fitting a race-horse for the turf, and doubts the doctrine of the cases in England which denies that the agister of cattle has a lien. The foundation upon which this seems to rest is the idea above stated, to wit, that the lien results from labour and skill, and not from the improved condition of the thing bailed, by the labour and care of an unskilled bailee. "It is," he said, "difficult to find an argument for the position that a man who fits an ox for the shambles, by fattening it with his provender, does not increase its intrinsic value by means exclusively within his control." Certain it is, that the doctrine of liens in favour of bailees is not retrograding but advancing, and is a wholesome restraint on the credit system, which is generally injurious in individual transactions to both parties. C. J. Best, in Jacobs v. Latour, 5 Bingh. 132, said, "that the doctrine is so just between debtor and creditor it cannot be too much favoured." So in Kirkman v. Shawcross, 6 T. R. 17, Lord Kenyon said it had been the wish of the courts, in all cases and at all times, to carry the lien of the common law as far as possible. It seems as if it were carried to the very verge in Scarfe v. Morgan, 4 M. & W. 270, where the owner of a stallion was held to be entitled to a lien for a single service, after the mare was known to be with foal. Of course such a lien could have no other foundation than the improved condition and increased value of the mare, independently of considerations...

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31 cases
  • Lackawanna Trust & Safe Deposit Co. v. Gomeringer
    • United States
    • Pennsylvania Supreme Court
    • April 29, 1912
    ... ... 424); Gaskill v. Wales, 36 N.J ... Eq. 527; Haverford Loan & Bldg. Assn. v. Fire Assn., ... 180 Pa. 522; Mosier's App., 56 Pa. 76; Hoover v ... Epler, 52 Pa. 522; Wallace's Est., 59 Pa. 401; ... Armstrong's App., 5 W. & S. 352; Webster's App., 86 ... Pa. 409; Robinson v. Mailander, ... ...
  • Maryland Casualty Co. v. Fouts
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • January 12, 1926
    ...of Winchelsea, 1 Cox, 318, 1 Leading Cases in Equity, 114; Kyner v. Kyner, 6 Watts (Pa.) 221; Bank v. Potius, 10 Watts (Pa.) 148; Hoover v. Epler, 52 Pa. 522; Alleghany National Bank's Appeal (Pa.) 7 A. 788; Musgrave v. Dickson, 33 A. 705, 172 Pa. 629, 51 Am. St. Rep. 765 — to which may be ......
  • Thorsen v. Poe
    • United States
    • Arkansas Supreme Court
    • March 20, 1916
    ...185; 65 N.Y.S. 795; 84 N.W. 581. 4. Payment of a judgment by a stranger does not entitle him to subrogation or substitution. 68 Me. 155; 52 Pa. 522; 110 43 etc. But it extinguishes the judgment. Calhoun was not a stranger; he was a joint defendant. 124 U.S. 534; 57 Am. Rep. 192. Where it is......
  • Emmert v. Thompson
    • United States
    • Minnesota Supreme Court
    • May 3, 1892
    ...v. AEtna Life Ins. Co., 57 Ill. 318; Binford v. Adams, 104 Ind. 41; Fay v. Fay, 43 N.J.Eq. 438; Guy v. Du Uprey, 16 Cal. 195; Hoover v. Epler, 52 Pa. 522; AEtna Ins. v. Reed, 33 Ohio St. 292. Warner, Richardson & Lawrence and Geo. W. Wilson, for respondent. Cornwell was on the facts entitle......
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