Carlisle v. Quattlebaum

Decided June 15, 1831

Court of Appeals of South Carolina · decided 1831-06-15

Tried before Mr. Justice Martin, at Lexington, Spring Term, 1831. Appeal from a magistrate. The plaintiff called and breakfasted at defendant’s, for which the latter charged thirty-seven and a half cents: the plaintiff tendered a twenty dollar Georgia bill, which defendant was unable to change, but detained as a pledge for the sum due him.

Decided 1831-06-15

Harper, J.

¶1delivered the opinion of the Court.

¶2We concur with the magistrate and the presiding Judge. An inn-keeper has no right to detain the property of his guest, though he may detain his person; unless in the case of a horse, &e. which jjnay be detained for his feeding. Bae. Abr. Inns and Inn-keeperSjflDr^ But a horse cannot be detained for the meat of his master. Ib. ■ Nor does it appear that the defendant was an inn-keeper, to whom the privilege of detainer is given, because he is bound to receive guests. Another person has certainly no right to seize a pledge for a debt which may chance to be contracted with him. The suit might have been sustained before the tender of the thirty-seven and a half cents.

¶3Motion refused.