Smith v. Keyes
New York Supreme Court
Appeal from a judgment in favor of defendant, entered upon the report of a referee. The action was brought to recover the possession of a horse, wagon and-harness, valued at $350. The facts found by the referee, and appearing in the evidence, were as follows: During the year 1872 the defendant, Daniel L. Keyes, was an innkeeper in the village of Cooperstown, 2f.
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Appeal from a judgment in favor of defendant, entered upon the report of a referee. The action was brought to recover the possession of a horse, wagon and-harness, valued at $350. The facts found by the referee, and appearing in the evidence, were as follows: During the year 1872 the defendant, Daniel L. Keyes, was an innkeeper in the village of Cooperstown, 2f. Y. On the 6th of February in that year, one Charles Cady, an employee of the plaintiff, Oscar Smith, and who was engaged in selling sewing machines for said Smith, applied "for entertainment at defendant’s inn. He was assigned a room…
1Opinion of the CourtBoaedmah, J.
The evidence tends quite strongly to show the relations between defendant and Cady to be that of innkeeper and guest. In that case, and even if the evidence were conflicting and *652doubtful, the finding of the referee would be justified and the defense sustained. If, however, their relation was that of boardinghouse keeper and boarder, the result, for two reasons, would not be changed or the judgment reversed.
The essential fact is the lien. Whether it be of the one kind or another is quite immaterial, and the variance should be disregarded. Cady v. Allen, 22 Barb. 388.
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2Cases cited4 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Fitzhugh v. . WimanNew York Court of Appeals · 1854
- Cady v. AllenNew York Supreme Court · 1856
- Rhoads v. WoodsNew York Supreme Court · 1864