Sheller
Sheller v. Livingston
Opinion
Lead Opinion
Richards, J.
This is an action for claim and delivery brought to recover the possession of a certain gas engine with appurtenances.
The property belonged to the plaintiff and one de Bretteville, as partners, doing business under the name and style of the American Sand Blast Company.
In an action for the dissolution of that copartnership, the property in question was awarded to the plaintiff herein by the court.
Prior thereto it had been delivered by de Bretteville to the defendants in this action, for storage at an agreed price of five dollars a month.
Defendants had sold and also rented certain goods to de Bretteville.
Subsequent to the award of the property to plaintiff in the action for the dissolution of the copartnership, and before the commencement of this action, a demand was made by plaintiff herein upon the defendants for its possession.
At the time the demand was made, one of the defendants asserted a claim of lien .in the property for the storage charges and also for the goods sold and rented to de Bretteville.
Plaintiff offered to pay the amount of the storage charges, but refused to pay the amount claimed to be due for the goods so sold and rented.