Question: Wieslaw Wik was the owner of a truck tractor on

Wieslaw Wik was the owner of a truck tractor on which Navistar Financial Corporation held a lien to secure a purchase loan agreement. On February 21, Wik was driving his truck tractor and pulling a trailer owned by the V. Seng Teaming Company. The tractor/trailer unit overturned in a ditch. Allen's Corner Garage and Towing Service was called by the Illinois State Police. Its crew removed the cargo from the trailer and hoisted the tractor and trailer out of the ditch and onto the highway. They then took the truck, trailer, and cargo to Allen's garage for storage. The uprighting and towing of semitrailer trucks is an intricate process and involves a good deal of specialized equipment. Allen's was licensed by the Interstate Commerce Commission and the Illinois Commerce Commission as a common carrier and owned over 50 specialized trucks and trailers for such operations. Wik defaulted on his loan agreement with Navistar and the right to possession passed to Navistar. One of its employees contacted Allen's and offered to pay the towing plus storage charges on the truck in exchange for possession of it. Allen's refused, saying it would not release the truck unless the charges for the truck, trailer, and cargo were all paid. Navistar then brought suit against Allen's to recover possession of the truck. Subsequently, V. Seng Teaming Company paid $13,000 in towing and storage charges on the trailer and cargo and took possession of them. Navistar then reiterated its willingness to pay the towing charges but refused to pay any storage charges accruing after its initial offer. Was Allen's entitled to a common law lien for its towing and storage charges?

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  • CreatedJuly 16, 2014
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