Hancock v. . Rand
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Defendants’ liability to plaintiff can arise in this action only from the fact that she was a traveler or passenger.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. Defendants’ liability to plaintiff can arise in this action only from the fact that she was a traveler or passenger. (Mowers v. Feathers, 61 N. Y. 34; Drope v. Thain, Tatch. 127; Grimstone v. Innkeeper, Hetter, 49; Chitty on Contracts, 476; Bacon’s Abr. 228; Story on Bailments, § 475; Parsons…
1Opinion of the CourtMiller, J.
The plaintiff claims to recover in this action the value of property stolen while a gnest at the hotel of the defendants in the city of New York. The findings of the referee show that the plaintiff was an inmate of the defendants’ hotel from November, 1873, until June, 1874, and that the articles lost were taken from the rooms occupied by plaintiff in the month of March, 1874; that the husband of the plaintiff, General Hancock, was an officer in the United States army, and that in November, 1873, he applied for rooms and board at 'the defendants’ hotel for himself and family; that after some…
2Cases cited8 opinions
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- McDaniels v. RobinsonSupreme Court of Vermont · 1854
- Walling v. PotterSupreme Court of Connecticut · 1868
- Norcross v. NorcrossSupreme Judicial Court of Maine · 1865
- Lusk v. BeloteSupreme Court of Minnesota · 1876
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3Cited by29 opinions
- Millhiser v. Beau Site Co.New York Court of Appeals · 1929
- Alpaugh v. WolvertonSupreme Court of Virginia · 1946
- Fay v. Pacific Improvement Co.California Supreme Court · 1892
- Friedman v. Shindler's Prairie House, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- June McKee v. Sheraton-Russell, Inc.Court of Appeals for the Second Circuit · 1959
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