Montgomery v. Ladjing
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court, third district, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
This action was brought by the plaintiff to recover the value of an 'overcoat lost in a restaurant, kept by defendant, while the plaintiff was upon the premises as a customer. At the trial the plaintiff had judgment and the defendant appealed. The defendant was not shown to be an innkeeper, but merely a restaurant keeper. As such he cannot be subjected to the liabilities of an innkeeper. Story Bail. 475.
In Carpenter v. Taylor, 1 Hilt. 193, it Avas held that a person who enters a restaurant to procure a meal or refreshments is not to be deemed a guest or traveler entitled to the protection…
2Cases cited6 opinions
- Bunnell v. . SternNew York Court of Appeals · 1890
- Carpenter v. TaylorNew York Court of Common Pleas · 1856
- Pattison v. HammersteinAppellate Terms of the Supreme Court of New York · 1896
- Simpson v. RourkeNew York Court of Common Pleas · 1895
- Appleton v. WelchAppellate Terms of the Supreme Court of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Harris v. Childs' Unique Dairy Co.Appellate Terms of the Supreme Court of New York · 1903
- Robin v. ColaizziAppellate Terms of the Supreme Court of New York · 1917
- Kuchinsky v. Empire Lounge, Inc.Wisconsin Supreme Court · 1965
- Weinberg v. D-M Restaurant Corp.New York Court of Appeals · 1981
- Wentworth v. RiggsAppellate Terms of the Supreme Court of New York · 1913