Horace Waters & Co. v. Gerard

Citations

• 106 A.D. 431
• 94 N.Y.S. 702
• 1905 N.Y. App. Div. LEXIS 2603

Syllabus

<p>Lien of a hotelkeeper — it extends to a piano delivered to the guest under a conditional contract of sale, by which the title remains in the vendor until it is paid for.</p> <p>A hotelkeeper has, under the.'common law, and independent of section 71 of the Lien Law (Laws of 1897, chap. 418, as amd. by Laws of' 1899, chap. 880), a lien, for the unpaid hotel bill of a guest, upon a piano in the possession of the guest at the hotel under a conditional contract of sale providing that the title thereto should remain in the vendor until the purchase price thereof had been fully paid, and this lien is superior to the right of the vendor of the piano to retake the same upon a breach by the guest of the conditions of the contract of sale.</p> <p>O’Brien, P. J., and Patterson, J., dissented.</p>