Norcross v. Norcross
Supreme Judicial Court of Maine
On Report from JSTisi Prius, Walton J., presiding." Case. The writ contained three counts; the second count was for money had and received ; and the first, being similar to the third, was as follows : — " Eor that whereas, according to the law and custom of the land, the innkeepers, that keep common inns to lodge and to entertain as guests, travellers, strangers and others therein who abide in the same, are bound to keep their goods and chattels, being within those inns, day…
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On Report from JSTisi Prius, Walton J., presiding." Case. The writ contained three counts; the second count was for money had and received ; and the first, being similar to the third, was as follows : — " Eor that whereas, according to the law and custom of the land, the innkeepers, that keep common inns to lodge and to entertain as guests, travellers, strangers and others therein who abide in the same, are bound to keep their goods and chattels, being within those inns, day and night without diminution, pilfering or loss, so that no damage or loss may happen to any such traveller or such…
1Opinion of the CourtDickerson, J.
The plaintiff seeks to recover of the defendant the value of an overcoat, committed to the care of *168tbe latter, as innkeeper. Several preliminary objections are raised by the defendant against the plaintiff’s right to maintain the action in its present form. It is said that the action is assumpsit, and that case is the proper form of action. It is true that case is the usual form of action where negligence is charged, though we are by no means certain that assumpsit could not be maintained on breach of an innkeeper’s contract, safely to keep and deliver the goods of his guests, when the facts…
2Cases cited1 opinion
- Clute v. WigginsNew York Supreme Court · 1817
3Cited by12 opinions
- Hancock v. . RandNew York Court of Appeals · 1883
- Clancy v. BarkerNebraska Supreme Court · 1904
- Mayo Hotel Co. v. DancigerSupreme Court of Oklahoma · 1930
- Curtis v. MurphyWisconsin Supreme Court · 1885
- Sawyer v. Congress Square Hotel Co.Supreme Judicial Court of Maine · 1961
7 more not listed; retrieve them via the Exa API.