Kopper v. Willis
New York Court of Common Pleas
Appeal from a judgment of the district court in the city of Hew York for the ninth judicial district. The action was brought to recover from the defendant, as an innkeeper, the value of an overcoat belonging to the plaintiff, alleged to have been lost while in the defendant’s restaurant. The facts are stated in the opinion.
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Appeal from a judgment of the district court in the city of Hew York for the ninth judicial district. The action was brought to recover from the defendant, as an innkeeper, the value of an overcoat belonging to the plaintiff, alleged to have been lost while in the defendant’s restaurant. The facts are stated in the opinion. The justice in the district court found for the plaintiff for a sum exceeding $50, and thereupon allowed him $12 extra costs in addition to his disbursements (L. 1857, c. 334, § 70, p. 725). From the judgment the defendant appealed to this court.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The question, in this case, is, whether the relation of innkeeper and guest existed between the defendant and the plaintiff when the latter lost his coat in the defendant’s establishment, which is a close and difficult one upon the facts, which are as follows :
The plaintiff, who is an attorney, was asked by another person, one Brewster, “ to come out to dinner.” They went to the defendant’s establishment, where Brewster had been in the habit of going, but where the plaintiff had never been before. They went into the restaurant, which was considerably crowded…
2Cases cited6 opinions
- Cromwell v. StephensNew York Court of Common Pleas · 1867
- Verplank v. Mercantile InsuranceNew York Court of Chancery · 1831
- Carpenter v. TaylorNew York Court of Common Pleas · 1856
- Ex parte Stewart v. New-York C. P.New York Supreme Court · 1833
- Krohn v. SweeneyNew York Court of Common Pleas · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Board of Managers of Foundry at Washington Park Condominium v. Foundry Development Co.Appellate Division of the Supreme Court of the State of New York · 2016
- Rutherford v. SemenzaCity of New York Municipal Court · 1932
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