Wertheimer-Swarts Shoe Co. v. Hotel Stevens Co.

Citations

• 38 Wash. 409
• 80 P. 563
• 1905 Wash. LEXIS 1186

Syllabus

<p>Innkeepers—Liens—Property Not Belonging to Guest— Samples of Traveling Salesman—Title—Evidence of Notice— Estoppel. Where hotel keepers admit an extensive acquaintance with traveling salesmen for wholesale houses, and their methods of doing business, and never knew of an instance where the salesman owned the samples carried, they are estopped from asserting ignorance of the title to the property, if they failed to make inquiry before extending credit on the faith of the samples, and a finding that they knew that the samples did not belong to the salesman is sustained.</p> <p>Same—Lien at Common Law—Lodges Not a Guest. An innkeeper’s lien upon property brought into a hotel by a traveling salesman cannot be maintained at common law, where he was not a transient guest, but rented rooms by.the month as a lodger.</p> <p>Same—No Lien On Samples oe Teaveling Salesman. Bal. Code, § 5975, providing for. an innkeepers lien upon the baggage or other property of guests, does not give a lien on the samples of a traveling salesman, where the hotel keeper was aware, at the time of giving credit, that the samples belonged to the salesman’s employer.</p>