Damon v. Reliable Transfer Co. (Haw. Terr. 1919)
Decided: 1919-08-20. Opinion
Source note (2026-10-18):
- Links on this page to
https://static.case.law/haw/25/cases/0098-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
A transfer/storage/repair business asserted charges and possessory rights against goods subject to a competing mortgage/ownership claim; the dispute included truck conversion and charges from earlier deliveries. Opinion
Holding and disposition
The court distinguished a qualifying artisan’s continuing possessory repair lien from an asserted private/casual storage lien. A prior repair balance lost its possessory lien on delivery and was not revived when the property returned. The latest uninterrupted repair possession supported the allowed lien; the private storage arrangement did not create the asserted common-law lien. Consent, waiver and alleged misrepresentation did not defeat the competing owner/mortgage claim on this record. The USD 120 truck-conversion result was affirmed; an erroneous USD 20 storage allowance was not disturbed without the necessary cross-appeal. Its historical after-acquired chattel-mortgage reasoning is not a modern Article 9 priority code. Opinion
Reasoning and practical scope
Full reported opinion verified. Current 507-18 expressly creates a repair lien excluding storage; 507-5 assumes an existing lien rather than creating casual-storage rights, while Article 7 and self-storage statutes create their own modern rights. This is affirmative common-law analysis, not a newly fabricated statutory storage category. No comprehensive later-treatment certificate is claimed. Opinion; HRS 0507–0005; HRS 0507–0018; HRS 0490–0009–0333
Verification and treatment
The full opinion body was checked. The source is a full reported-opinion reproduction in the Harvard Caselaw Access Project, not a headnote or official court-hosted original. Targeted primary treatment/current-statute checks are described, without representing an exhaustive later-history or still-good-law certification. Original body and SHA-256 are retained in the Hawaii evidence register.
Applies in
hawaii · personal-property-execution-sales-by-state
Legal information, not legal advice. Last verified: 2026-10-18. Consult qualified local counsel about an actual dispute.