Coykendall v. Eaton
New York Supreme Court
This action was brought to recover the value of a wolf robe and cushion left by plaintiff’s son at the defendant’s hotel on the morning of the 29th day of November, 1867. Said goods were demanded of defendant by plaintiff before suit, and the defendant refused to deliver them or pay for them.
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This action was brought to recover the value of a wolf robe and cushion left by plaintiff’s son at the defendant’s hotel on the morning of the 29th day of November, 1867. Said goods were demanded of defendant by plaintiff before suit, and the defendant refused to deliver them or pay for them. This action was first tried in a justice’s court, before Mr. Spaulding, Esq., justice of the peace, at Gfeddes, and a judgment rendered in favor of .tfie plaintiff and against the defendant, for the sum of $40 damages, and $5 costs, on the 28th day of December, 1867. The defendant thereupon, appealed to…
1Opinion of the Court
By the court, Mullin, P. J.
The plaintiff not being a p-uest of the defendant, when the robe was left in the care of Case, the latter became liable, if at all, as bailee of the robe, and bound to take such care of it, as a prudent man. would take of his own property.
The defendant was liable for the property of guests who came to his house the evening of the ball, whether they *268eame to attend it, or for the purpose of remaining the night, or merely taking supper.
Case, however, had no authority to bind the defendant to liability for property delivered to him beyond the time that guests remained…
2Cited by1 opinion
- Booth v. . LitchfieldNew York Court of Appeals · 1911