Gile v. Libby
New York Supreme Court
THIS was an action brought to recover from the defendants, as innkeepers, the value of a watch and chain, a gold pen and pencil case and $25 in money. The plaintiff was a guest at the defendants’ hotel in the city of Hew York, July 7th, .1856. He was put to lodge, late at night, in a room occupied by another person, who was a stranger to him.
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THIS was an action brought to recover from the defendants, as innkeepers, the value of a watch and chain, a gold pen and pencil case and $25 in money. The plaintiff was a guest at the defendants’ hotel in the city of Hew York, July 7th, .1856. He was put to lodge, late at night, in a room occupied by another person, who was a stranger to him. He did not request to be put in a separate room, and made no objection to lodging in that room except to the porter, who showed him to it, after he arrived in it. It was a usual thing at said hotel for more than one person to occupy the same room. On…
1Opinion of the Court
Suthbelaííd, P. J.
The liability of an innkeeper by custom, or the common law, for the loss of the goods of his guest, would appear to have been founded on contract—on the implied undertaking on the part of the innkeeper to safely keep the goods, in consideration of the usual charge to be paid by the guest for his lodging and entertainment. The action might be either assumpsit or case. In either action it was usual, and perhaps necessary, to allege in the declaration that the loss occurred by and through the carelessness of the innkeeper and his servants.
The innkeeper was bound to take more…
2Cited by15 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Jones v. Savannah Hotel Co.Supreme Court of Georgia · 1914
- Murchison v. SergentSupreme Court of Georgia · 1883
- Briggs v. ToddAppellate Terms of the Supreme Court of New York · 1899
- Becker v. WarnerNew York Supreme Court · 1895
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