Houser v. Tully
Supreme Court of Pennsylvania
May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. This suit was instituted before a justice of the peace on the 30th of March 1867, by Edward Tully, against Isaac B. Houser, and removed into the Court of Common Pleas by appeal.
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May 7th 1869. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. This suit was instituted before a justice of the peace on the 30th of March 1867, by Edward Tully, against Isaac B. Houser, and removed into the Court of Common Pleas by appeal. The plaintiff declared in case against the defendant as an innkeeper, averring that he was a guest of the defendant, and delivered to the defendant’s barkeeper a sum of money for safe-keeping, and that, through the negligence and carelessness of the defendant, his servants and agents, the money was lost. The plea was “ not…
1Opinion of the Court
The opinion of the court was delivered,
by Williams, J.
The defendant below kept a licensed tavern, and, in his absence, the plaintiff stopped at his house and remained over night. During the evening, while partially intoxicated, he handed to the person who was acting as barkeeper a package of money for safe keeping, which he locked up in the money drawer, and afterwards embezzled. The defendant refused to make restitution, and the plaintiff brought this action to recover the amount of the deposit.
The court instructed the jury that if the plaintiff was not a guest at the inn he was not entitled…
2Cases cited2 opinions
- Clute v. WigginsNew York Supreme Court · 1817
- Respublica v. CoatesSupreme Court of Pennsylvania · 1791
3Cited by4 opinions
- Shultz v. WallSupreme Court of Pennsylvania · 1890
- Adelphia Hotel Co. v. Providence Stock Co.Court of Appeals for the Third Circuit · 1922
- Buck v. HANKINSuperior Court of Pennsylvania · 1970
- Turner v. WhitakerSuperior Court of Pennsylvania · 1898