Fox v. Windemere Hotel Apartment Co.

KERRIGAN, J.

This is an action in claim and delivery brought by plaintiff to recover a certain trunk and its contents, in possession of the defendants, of which plaintiff claimed to be the owner. The defendants, answering, alleged that they came into possession of the property as lodging-house keepers, and that they detained it by virtue of a lien, given to them as such by the provisions of section 1861 of the Civil Code, as security for the payment of the sum of $13.60 claimed to be due to them from plaintiff.

The case went to trial, and the plaintiff recovered judgment for the return of the property, or its value in case its return could not be had, the value being found by the court to be $750. Defendants appeal.

It appears that the plaintiff occupied three rooms, paying therefor $55 per month, in the certain premises conducted by the defendants known as the Windemere Hotel Apartments; that he quit possession of his rooms owing to the defendants the sum of $13.60, and the latter refused to allow him to remove the personal property in question from the premises, claiming, as above indicated, that they had a lien thereon to secure payment of the amount due them. Plaintiff offered testimony to show that he had tendered this amount to the defendants, but that they had refused to accept it. The testimony, however, upon this question was conflicting, and the

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court failed to make any finding whatever upon the subject, but rendered judgment in favor of plaintiff.

In support of the judgment it is the contention of plaintiff that the defendants were not lodging-house keepers within the meaning of section 1861 of the Civil Code, and were therefore not entitled to a lien.

Upon this question the evidence shows that the defendants resided upon the premises and at all times had control and supervision over the same; that they had a hotel-keeper’s license; that they offered for rent and rented rooms by the day, week, or month, or from month to month; that the premises consisted of fifty-eight apartments or suites of rooms; that all rooms, including those let to the plaintiff, were rented completely furnished; that the defendants retained keys to all the suites or apartments, and had access to them at all times for the purpose of keeping them in order; that they furnished the necessary linen, kept the carpets and windows clean, swept the hallways and removed the garbage, and in fact, it may be inferred from the record, that they also furnished the necessary light and heat, and did everything that lodging-house keepers usually do in the maintenance of a lodging-house.