McQuillan v. Mercedes-Benz Credit Corp
In McQuillan v Mercedes-Benz Credit Corp, 331 Ark. 242, 248; 961 S.W.2d 729, 732 (1998), the carrier withheld delivery of certain items until the plaintiff paid both all unpaid past debt and current transportation charges.
The appeals court ruled that even if a statutory lien existed for current transportation charges (under a statute materially identical to MCL 440.7307(1); MSA 19.7307 1 ), the carrier could nonetheless be held liable for conversion if it attempted to secure payment of unpaid past debt, in addition to current transportation charges, by withholding delivery of the goods. McQuillan, 331 Ark. at 248-252, 961 S.W.2d at 732-734.