Krohn v. Sweeney
New York Court of Common Pleas
Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought to recover the value of a watch, and a sum of money ($50), stolen from the plaintiff’s room, while a guest at defendant’s house, known as Sweeney’s Hotel. The defendant denied his liability as an innkeeper. It appeared in evidence that he kept a public house, at No. 68 Chat-ham street, New York, upon what is called the European plan.
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Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought to recover the value of a watch, and a sum of money ($50), stolen from the plaintiff’s room, while a guest at defendant’s house, known as Sweeney’s Hotel. The defendant denied his liability as an innkeeper. It appeared in evidence that he kept a public house, at No. 68 Chat-ham street, New York, upon what is called the European plan. There was in the basement of the building a refectory, or dining room, kept by the defendant, in which meals were served at all hours of the day and evening,…
1Opinion of the Court
By the Court.—Cardozo, J.
The plaintiff claimed to recover the value of a gold watch, and about §50 cash, which *202had been stolen from him at night, during his stay at the defendant’s premises, in this city. The defendant denies any liability. He claims that he is not an innkeeper, and that his house is not an inn. I think that is an error. He is the proprietor of the premises Hos. 64, 66, and 68 Chatham street, which he designates “ Sweeney’s Hotel,” and its only variation from ordinary hotels is, that on part of the. same premises he keéps a refectory, at which his guests take their meals, if…
2Cases cited2 opinions
- Gile v. LibbyNew York Supreme Court · 1861
- Carpenter v. TaylorNew York Court of Common Pleas · 1856
3Cited by3 opinions
- Fay v. Pacific Improvement Co.California Supreme Court · 1892
- Friedman v. Shindler's Prairie House, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Kopper v. WillisNew York Court of Common Pleas · 1881