462 BAILMENT. 



in the horse, the Uvery-stable keeper's lien is divested where 

 he has consented to the removal.^^^ But the lien is not lost 

 by the mere temporary absence of the horse from the stable 

 while it is being used in the usual manner by the owner 

 who intends to return it.^^" Nor if it is wrongfully removed, 

 while it is in the possession of the owner or one claiming 

 under him with notice of the Hen;^^^ though it is, perhaps, 

 otherwise as against a bona Ude purchaser.^^^ Where it is 

 a part of the ordinary course of business to deliver horses 

 to the driver as often as they are needed, the loss of custody 

 of some of them does not defeat the lien, which is joint and 

 several. ^^^ And the fact that the owner employs his owh 

 driver is not inconsistent with the lien.~* 



The fact that the horse has been wrongfully removed will 

 not, however, protect the livery-stable keeper's lien if he has 

 failed to give the statutory notice."^'' 



The stable-keeper does not abandon his lien by using the 

 horses reasonably, and evidence to show that he has waived 

 it by claiming too much should be clear and distinct. ^^* Nor 

 does the fact that he used the horses on a hack from which 

 he derived profit amount necessarily to a conversion so as 

 to prevent his enforcing his lien, where there was evidence 

 that they were benefited thereby.^^'^ 



Where the bailor had notified the stable-keeper that the 

 horse no longer belonged to her and she would not be re- 

 sponsible for its keep, it became the duty of the keeper to 



''"Fishell V. Morris, 57 Conn. 547; State v. Shevlin, 23 Mo. App. 598. 



''° Caldwell v. Tutt, 10 Lea (Tenn.) 258; Welsh v. Barnes, S N. D. 277; 

 Walls V. Long, 2 Ind. App. 202; Young v. Kimball, 23 Pa. St. 193. 



See Cardinal v. Edwards, 5 Nev. 36. 



^'' Heaps V. Jones, 23 Mo. App. 617; Wallace v. Woodgate, i C. & P. 

 575- 



'^ See Vinal v. Spofford, 139 Mass. 126. 



'"^ Young V. Kimball, 23 Pa. St. 193. '" Ibid. 



'"' Kline v. Green, 83 Hun (N. Y.) 190. 



See Lessels v. Farnsworth, 13 Daly (N. Y.) 473; Jackson v. Kasseall, 

 30 Hun (N. Y.) 231. 



"• Munson v. Porter, 63 la. 453. '" Brintnall v. Smith, 166 Mass. 253. 



