Fowler v. Dorlon
New York Supreme Court
MOTION for a new trial. The action was brought against the defendants as innkeepers, to recover the value of a valise and contents, belonging to one Stephen Barker. The cause of action had been assigned by Barker to the plaintiff. The action was tried at the Rensselaer circuit, before Mr. Justice Wright.
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MOTION for a new trial. The action was brought against the defendants as innkeepers, to recover the value of a valise and contents, belonging to one Stephen Barker. The cause of action had been assigned by Barker to the plaintiff. The action was tried at the Rensselaer circuit, before Mr. Justice Wright. Upon the trial, it appeared that the defendants had for many years been the proprietors of a hotel in the city of Troy, known as the Mansion House, and that Barker, when visiting Troy, had been in the habit of stopping at this hotel. He resided in the county of Washington. On the morning of…
1Opinion of the CourtHarris, J.
The judge at the circuit was right when he instructed the jury that the primary question in this case was whether at the time the valise was lost, the relation of innkeeper and guest existed between Barker and the defendants. But, upon this question, I am inclined to think there was not sufficient evidence to require that it should be submitted to the jury. If Barker intended, when he left the cars, to make himself the guest of the defendants, such purpose was concealed within his own breast. He neither said nor did any thing to evince such intention. He handed his check to Blake; but this at…
2Cited by5 opinions
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