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· 4/8/1895

Firth & Foster Bros. v. Hamill

Citations

  • 167 Pa. 382
  • 31 A. 676
  • 1895 Pa. LEXIS 915

Syllabus

<p>Lien — Contract—Bailment—Evidence—Presumption.</p> <p>Where a person not compellable by law to receive bailments gives notice that he will not receive any property for the purpose of his trade or business except on condition that he shall have a lien upon it, not only in respect to the charges arising on the particular goods, but for the general balance of bis account for like charges on other goods, a lien will be created on account of such other goods, and all persons who deal with him with the knowledge of such notice, will be deemed to have acceded to that agreement.</p> <p>A dyer printed on his invoices, monthly statements, delivery books and memoranda, the following notice: “Notice — -All goods received only upon condition that they are subject to a general Hen, not only for the dyeing and finishing thereof, but also for the balance of any former account due.” Defendant had dealings with the dyer during the period of three or four years, and the transactions between them were many and frequent. Meld, that the presumption was that the defendant knew of the conditions upon which the dyer received the goods.</p>

Judges: Dean, Fell, McCollum, Mitchell, Sterrett

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