222 



LIVERY-STABLE KEEPERS, AGISTERS, ETC. 



Livery-stable 

 keeper has 

 no lien for 

 keep. 



May have a 

 lien by agree- 

 ment. 



Horse re- 

 moved to 

 defeat snch 

 lien. 



Livery-stable 

 keeper has no 

 lien for money 

 e.xpended on 

 borae. 



What cannot 

 be set off in 

 an action for 

 keep. 



will of the owner, there being no work to be done upon 

 them, it falls within a totally different consideration." 



A livery-stahle l;eeper cannot detain a horse for his keep 

 as an innkeeper may, because he is not bound to take it, 

 much less can he detain, or be bound to take a carriage 

 without horses (,/). 



But he may have a lien by special agreement, as where 

 a mare was placed with a livery-stahle keeper, who advanced 

 money to her owner, and it was agreed that she should 

 remain as a security for the repayment of the sum 

 advanced, and for the expenses of her keep, the Urery- 

 stahle keeper was held to have a lien on her for the amount 

 due (<;)._ 



And if he have such lien by agreement, and the owner 

 of the horse fraudulently take it out of his possession to 

 defeat the lien, the livery-stahle keeper may retake it 

 without force, for the lien is not put an end to by his 

 having parted with the possession under such circum- 

 stances Qi) . 



A livery-stahle keeper has no lien on a horse for money 

 expended by him on the horse at the request of the owner. 

 Thus in a case in which a livery-stahle keeper had employed 

 a veterinary surgeon at the request of the owner to blister 

 a horse standing at livery with him for splints, and had 

 actually paid the bill, it was held that he had no right 

 to detain the horse for the amount of this bill, inasmuch 

 as the veterinary surgeon had no lien for his bill, nor the 

 livery-stahle keeper for his keep ; and inasmuch as there is 

 no rule of law, which gives a livery-stahle keeper a lien 

 for money expended upon a horse standing at livery at the 

 request of the owner {i). 



Where a livery-stable keeper brings an action for a horse's 

 keep, money received by him as the price of the horse, 

 but afterwards returned on the rescission of a contract of 

 sale, cannot be set off against him by the defendant. Thus, 

 the plaintiff, a livery-stahle keeper, sold for the defendant a 

 horse and received the price. The purchaser afterwards 

 rescinded the contract on the ground of fraud, and was 

 repaid the purchase-money. In an action by the plaintiff 



(/) Barnard v. Eotv, 1 C. & P. 

 366 ; Yorhe v. Greenaiigh, 2 Ld. 

 Rayni. 867 ; Francis v. TFyatt, 3 

 Burr. 1498; 1 Bla. Kep. 485; Fur- 

 sous V. Giiir/fll, 4 C. B. 558; 16 

 L. J., C. P. 227. 



iff) Doimttyy. Croudcr, 11 Mooie, 

 4711. 



(A) Wallace v. Woodgate, R. Sc M. 

 193; S. C. 1 C. &P. 575. 



(i) Orchardy. Eackstraw,^ C. B. 

 698. 



