Hursh v. Byers

Supreme Court of Missouri

Hursh v. Byers

29 Mo. 469

CourtSupreme Court of Missouri

DecidedJanuary 15, 1860

StatusPublished

Cited by5 cases

This text of 29 Mo. 469 (Hursh v. Byers) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hursh v. Byers, 29 Mo. 469 (Mo. 1860).

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Opinion

Scott, Judge,

delivered the opinion of the court.

Story says, if a person comes upon a special contract to board and sojourn at an inn, he is not in the sense of the law a guest, but he is deemed a boarder. (§ 477.) The law gives the innkeeper a lien on the goods of a guest, not of a boarder. (§ 476.) The plaintiff having no lien on his boarder’s goods, he had no right to retain them; consequently there was no consideration for the promise made by the defendant to pay the board for which this suit is brought.

The other judges concurring, the judgment will be reversed and the cause remanded.

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Scott, Judge,

delivered the opinion of the court.

Story says, if a person comes upon a special contract to board and sojourn at an inn, he is not in the sense of the law a guest, but he is deemed a boarder. (§ 477.) The law gives the innkeeper a lien on the goods of a guest, not of a boarder. (§ 476.) The plaintiff having no lien on his boarder’s goods, he had no right to retain them; consequently there was no consideration for the promise made by the defendant to pay the board for which this suit is brought.

The other judges concurring, the judgment will be reversed and the cause remanded.

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Bluebook (online)

29 Mo. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hursh-v-byers-mo-1860.

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