Bendetson v. . French
New York Court of Appeals
Appeal from an order made by the Supreme Court at General Term in the first district, reversing judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Reported below, 44 Barb., 31.) The action was against the defendant, a hotel proprietor, to recover the value of watches, jewelry, etc., claimed to have been stolen from the plaintiff’s room in October, 1861, while he was a guest in the inn.
Read the full summary
Appeal from an order made by the Supreme Court at General Term in the first district, reversing judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Reported below, 44 Barb., 31.) The action was against the defendant, a hotel proprietor, to recover the value of watches, jewelry, etc., claimed to have been stolen from the plaintiff’s room in October, 1861, while he was a guest in the inn. In October, 1861, the defendant was the proprietor of and kept an inn, known as French’s Hotel, in the city of Hew York; and the plaintiff was a guest therein from…
1Opinion of the Court
By the Court—Peckham, J.
The statute provides, that if a “ guest shall neglect to deposit such money, jewels, or ornaments in such safes (the safe required to be kept by the hotel keeper), the proprietor of such hotel shall not be liable for any loss of such money, jewels, or ornaments, sustained by such guest, by theft or otherwise.” (Laws of 1855, p. 774.)
The first question that arises here is, did the plaintiff neglect to deposit his money, jewels and ornaments, in the safe which he knew the defendant kept for that purpose ?
The referee has found (and not without evidence) that the…
2Cases cited1 opinion
- Purvis v. . Coleman StetsonNew York Court of Appeals · 1860
3Cited by10 opinions
- Goncalves v. Regent International Hotels, Ltd.New York Court of Appeals · 1983
- Zaldin v. Concord HotelNew York Court of Appeals · 1979
- Stoll v. Almon C. Judd Co.Supreme Court of Connecticut · 1927
- Rosenplaenter v. . RoessleNew York Court of Appeals · 1873
- Abraham Solomon v. Downtowner of Tulsa, Inc.Court of Appeals for the Tenth Circuit · 1966
5 more not listed; retrieve them via the Exa API.