Murray v. Clarke

By the Court.—Daly, F. J.

The testimony in the case being conflicting, we must assume that the justice found the plaintiff’s statement to be true in every particular in which it differed from that of the witnesses for the defendants. It appeared that the plaintiff came to New York on the 26th of July, 1865, and stopped at the Merchants’ Hotel, kept by the defendants, and remained there as a guest for three or four days; that he was going to Jersey City to see a gentleman, and determined to give up his room at the hotel; that he went to the office of the hotel, where he saw the general clerk of…