Morningstar v. . Lafayette Hotel Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 11, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff being a guest of the defendant, it was bound to serve him with meals in its café as long as that relation continued, and the court erred in refusing to so rule when requested.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 11, 1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff being a guest of the defendant, it was bound to serve him with meals in its café as long as that relation continued, and the court erred in refusing to so rule when requested. (Krohn v. Sweeney, 2 Daly, 200; Beale on Innkeepers, §§ 16, 121, 169, 112; Johnson v. C. F. Co., 80 Minn. 310; Wintermute v. Clark,…
1Opinion of the CourtCardozo, J.
The plaintiff was a guest at the Lafayette Hotel in the city of Buffalo. He seems to have wearied of the hotel fare, and his yearning for variety has provoked this lawsuit. He went forth and purchased some spareribs, which he presented to the hotel chef with a request that they be cooked for him and brought to his room. This was done, but with the welcome viands there came the unwelcome addition of a bill or check for $1, which he was asked to sign. He refused to do so, claiming that the charge was excessive. That evening he dined at the café, and was again asked to sign for the extra…
2Cases cited2 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Aaron v. . WardNew York Court of Appeals · 1911
3Cited by15 opinions
- Frewen v. PageMassachusetts Supreme Judicial Court · 1921
- McClean v. University ClubMassachusetts Supreme Judicial Court · 1951
- People v. LerhinanAppellate Division of the Supreme Court of the State of New York · 1982
- Tismer v. . New York Edison Co.New York Court of Appeals · 1920
- LeBoeuf v. RamseyDistrict Court, D. Massachusetts · 1980
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