Legal Opinion

Cady v. McDowell

New York Supreme Court

Decided September 15, 1869PublishedCited by 4 opinions

Appeal from a judgment upon the verdict of a jury. The plaintiff proved upon the trial the facts, as stated in the opinion, and the court directed a verdict for the plaintiff, to which the defendant duly excepted, &c., &c.

1Opinion of the Court

Present — E. D. Smith, Dwight and Johnson, JJ.

By the Court

Johnson, J.

The only question in this case, is, whether the defendant at the time the alleged cause of action arose, was the keeper of a boarding-house, within the meaning and intention of the act of the legislature of April 16, 1860. (4 Stat. at large, 680.) If he was such, he was authorized by that act to detain the property and effects in question, for the amount due him for the plaintiff’s board. There is no dispute about the facts. The defendant was at the time the keeper of a grocery, and was also a housekeeper. The plaintiff was…

2Cases cited2 opinions

  1. Jones v. MorrillNew York Supreme Court · 1864
  2. Lyon v. SmithSupreme Court of Iowa · 1843

3Cited by4 opinions

  1. Singelakis v. DavidsonSupreme Court of New Jersey · 1936
  2. Misch v. O'HaraNew York Court of Common Pleas · 1880
  3. Horace Waters & Co. v. GerardAppellate Division of the Supreme Court of the State of New York · 1905
  4. Requa v. BulkleyNew York Court of Common Pleas · 1872

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