Kellogg v. Sweeney
New York Supreme Court
The facts are stated in the opinion of the court. cited upon the question of negligence by the plaintiff, Bendetson v. French (44 Barb., 31); Fowler v. Dorlon, et. al.
Read the full summary
The facts are stated in the opinion of the court. cited upon the question of negligence by the plaintiff, Bendetson v. French (44 Barb., 31); Fowler v. Dorlon, et. al. (24 Barb., 384). He also cited Hyatt v. Taylor (51 Barb., 632) ; Bendetson v. French, upon the question of notice that defendant kept a safe as provided by chap. 90, Laws, 1855. Also Redfleld on Carriers, 271. Also, as to defendant’s liability for the’ coin in question, Redfield on Carriers, § 77, &c., and cases cited, Wilkins v. Earle (3 Robertson, 352); Merrill v. Grinnell, et al. (30 N. Y., 594 and 610) ; 1 Chitty Pleadings…
1Opinion of the Court
Present — Bacon, Foster, Mullin and Morgan, JJ.
By the Court
Mullin, J.
The facts found by the referee, are:
1st. That in December, 1863, the defendant was an innkeeper in the city of Hew York.
2d. On the night of the 9th of that month the plaintiff went to said hotel or inn and became a guest thereof.
3d. He, plaintiff, had in his custody a quantity of American gold coin, the property of Hudson Stevens, and which the plaintiff had received at Lowville, in the county of Lewis, to be carried gratuitously to the city of Hew York, and there delivered to said Stevens.
4th. The gold was in a small…
2Cited by5 opinions
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Chamberlain v. WestSupreme Court of Minnesota · 1887
- Books v. GoldsteinCity of New York Municipal Court · 1936
- Mitchell v. Vande, New York County Courts1936
- Litzenberg v. ColeAppellate Division of the Supreme Court of the State of New York · 1915