Smith v. Noe

Ms. Justice Swiggaet

delivered the opinion of the Court.

The circuit court sustained defendants’ demurrer to plaintiff’s declaration and dismissed his suit. Plaintiff has appealed in error. The issue is whether the declaration states a cause of action.

The suit is for the value of a trunk and its contents, delivered to the defendants for safe-keeping and not returned on demand. The liability of the defendants is asserted on the brief of plaintiff upon two grounds; that the trunk was delivered to the defendants as innkeepers by the plaintiff as their guest, so that the defendants were insurers of…