Mowers v. Fethers
New York Supreme Court
Exceptions ordered to be first heard at General Term. ' The action was brought to recover damages against the defendant as an innkeeper for the loss of a stallion, &c., while one of the plaintiffs was stopping at the defendant’s inn in the town of Sharon, Schoharie county. The cause was tried at the Schoharie Circuit in April, 1868, before the Hon. Charles R. Ingalls and a jury. The facts, so far as material, are stated in the opinion.
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Exceptions ordered to be first heard at General Term. ' The action was brought to recover damages against the defendant as an innkeeper for the loss of a stallion, &c., while one of the plaintiffs was stopping at the defendant’s inn in the town of Sharon, Schoharie county. The cause was tried at the Schoharie Circuit in April, 1868, before the Hon. Charles R. Ingalls and a jury. The facts, so far as material, are stated in the opinion. The court ruled and decided that the plaintiffs were entitled to recover as a matter of a law on the proofs given, and the defendant’s counsel excepted. The…
1Opinion of the Court
By the Court—Milleb, P. J.
It appeared upon the trial of this action that, in the spring of 1865, the plaintiffs were the owners of a stallion, which, by an arrangement between them and the defendant, was to be at defendant’s hotel, in charge of one of the plaintiffs, for two days in the week during the season, which usually commenced on the first day of May and closed about the fifth day of July. By the agreement between the parties the plaintiffs were to have the choice of the box stalls in the wagon-house adjoining the barn. The price of meals and of the oats were fixed at less than the…
2Cases cited9 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Pinkerton v. WoodwardCalifornia Supreme Court · 1867
- Wintermute v. ClarkThe Superior Court of New York City · 1851
- McDonald v. EdgertonNew York Supreme Court · 1849
- Mudgett v. Bay State Steamboat Co.New York Court of Common Pleas · 1861
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3Cited by1 opinion
- Hull v. Enoch Morgan Sons Co.City of New York Municipal Court · 1884