Legal Opinion

Waters Co. v. . Gerard

New York Court of Appeals

Decided October 8, 1907PublishedCited by 31 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1905, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1905, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The clause in Mrs. Carlisle’s lease that respondent should have a lien on all the effects and property brought into said hotel for any bills she might incur can have no bearing on this case. Mrs. Carlisle did not own this piano, and could make no transfer of it, nor…

1Opinion of the CourtChase, J.

In 1898 and 1899 the defendant was the lessee and proprietor of a hotel for public entertainment known as “The Girard,” in the city of New York. On August 23, 1898, one Carlisle came casually to said hotel as a giiest, and so remained until March 15, 1899, inclusive. During said period she received food and lodging as a guest without any express agreement as to the period of entertainment or amount to be paid therefor. On March 15, 1899, she owed the defendant for accommodation, board, lodging and extras furnished at her request from day to day between August 23, 1898, and March 15, 1899,…

2Cases cited11 opinions

  1. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  2. Wilkins v. . EarleNew York Court of Appeals · 1870
  3. Hulett v. . SwiftNew York Court of Appeals · 1865
  4. Adams v. . New Jersey Steamboat Co.New York Court of Appeals · 1896
  5. Lindsay & Phelps Co. v. MullenSupreme Court of the United States · 1900

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3Cited by31 opinions

  1. E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
  2. Blye v. Globe-Wernicke Realty Co.New York Court of Appeals · 1973
  3. Parker-Harris Co. v. TateTennessee Supreme Court · 1916
  4. Loring v. Commissioner of Public WorksMassachusetts Supreme Judicial Court · 1928
  5. Williamson v. WinninghamSupreme Court of Oklahoma · 1947

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