Gastenhofer v. Clair
New York Court of Common Pleas
Appeal from a ■ judgment of the district court in the City of New York for the Sixth Judicial District. The action was brought to recover damages for the loss of the plaintiff’s overcoat at the defendant’s hotel. The plaintiff’s uncle was a guest at the Park Avenue Hotel, corner of 32d Street and 4th Avenue, in the City of New York. The plaintiff lived at No. 31 West 20th Street, New York.
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Appeal from a ■ judgment of the district court in the City of New York for the Sixth Judicial District. The action was brought to recover damages for the loss of the plaintiff’s overcoat at the defendant’s hotel. The plaintiff’s uncle was a guest at the Park Avenue Hotel, corner of 32d Street and 4th Avenue, in the City of New York. The plaintiff lived at No. 31 West 20th Street, New York. He was invited by his uncle to dine with him and his family at the hotel and go afterwards to the Charity Ball. Pursuant to the invitation plaintiff went to the hotel about half-past-six o’clock on the…
1Opinion of the CourtJ. F. Daly, J.
[After stating the facts as above.]—The rule that makes the landlord of an inn responsible for the goods of his guest is a severe one, and can only be applied where the conventional relation of inn-keeper and guest exists. It cannot be extended so as to protect one who is not a guest, but a mere caller on a guest, or a transient visitor upon the invitation of a guest. Such was the status of the plaintiff in this case. He claims to have become a guest himself by ordering and taking dinner while waiting for his uncle. This put him in no different position from that he would have occupied had he…
2Cases cited1 opinion
- Kopper v. WillisNew York Court of Common Pleas · 1881
3Cited by2 opinions
- Bunnell v. SternNew York Court of Common Pleas · 1888
- People v. Brede, New York County Courts1897