
    ATTERBURY, Appellant, v. SOMERS, Respondent.
    (Supreme Court, Appellate Term.
    June, 1901.)
    Action by Albert H. Atterbury against Stanley A. Somers.
    A. H. Atterbury, for appellant. S. Campbell, for respondent.
   PER OURIAM.

The defendant’s tender of the amount due extinguished the boarding house keeper’s lien. At common law and by statute an innkeeper had a lien upon the goods of his guest for the amount actually due, and by chapter 446. Laws 1899, a boarding house keeper is given a lien “for the amount which may be due for board.” His lien is practically the same as that of an innkeeper. The plaintiff might have brought an action in replevin, it is true; but to hold that Ms failure to do so should be permitted to bar his claim for a return of the amount paid under protest would be to lay down a very harsh rule. Judgment reversed, and judgment directed for plaintiff.  