Hursh v. Byers

Decided January 15, 1860

Supreme Court of Missouri · decided 1860-01-15

Circuit Court. This was an action commenced before a justice of the peace. An appeal was taken to the circuit court. The facts as they appeared in evidence are as follows : Plaintiff in 1858 kept a hotel in Iowa city, Iowa. One Mrs. Acor boarded with him. When Mrs. Acor was on the pointof leaving, the plaintiff presented her bill, and told her she could not remove her trunk from the room she occupied until the bill was paid.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-15

How this case has been cited

Cited by 5 later decisions — most recently March 1970

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2Story 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.

¶3The other judges concurring, the judgment will be reversed and the cause remanded.