Maloney v. Bacon
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencee, Judge. (1) The trunk was never infra hospitium. 2 Kent’s Com. [ 11 Ed.] 598, side paging ; Parsons onCont. [7 Ed ]. 155, side paging; Norcross v. Norcross, 53 Maine, 263; Clute ®. Wiggins, 14 Johns. (N. Y). 175 ; Albin v. Presley, 8 N. H. 409 ; Packard v. Norther aft, 2 Metcalf [Ky.] 439 ; Story on Bailments,,sec. 479, p. 437. (2) The primary meaning of notice is knowledge or cognizance.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencee, Judge. (1) The trunk was never infra hospitium. 2 Kent’s Com. [ 11 Ed.] 598, side paging ; Parsons onCont. [7 Ed ]. 155, side paging; Norcross v. Norcross, 53 Maine, 263; Clute ®. Wiggins, 14 Johns. (N. Y). 175 ; Albin v. Presley, 8 N. H. 409 ; Packard v. Norther aft, 2 Metcalf [Ky.] 439 ; Story on Bailments,,sec. 479, p. 437. (2) The primary meaning of notice is knowledge or cognizance. To give notice of a fact to a person is to bring it to his knowledge. The liability of innkeepers and common carriers is the same. • Mason v.…
1Opinion of the CourtEllison, J.
The defendant was an innkeeper in the city of St. Joseph, and the plaintiff was his guest. Plaintiff arrived at St. Joseph on a railway train, about midnight, and entered a] bus at the depot for defendant’s hotel, giving the ’bus-man, who also run a baggage or transfer-wagon, his check for his trunk. Plaintiff arrived at the hotel, registered and was assigned to a room by the night clerk. Before going to his room, he told the clerk that his trunk was following him on the transfer-wagon and to send it to his room as soon as it came, which the clerk promised to do. The trunk was not sent to the…
2Cases cited2 opinions
- Piper v. MannyNew York Supreme Court · 1839
- Clute v. WigginsNew York Supreme Court · 1817
3Cited by5 opinions
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- Merchants Fire Assur. Corp. of New York v. Zion's Securities Corp.Utah Supreme Court · 1945
- Swanner v. Conner Hotel Co.Missouri Court of Appeals · 1920
- Hirsh v. Anderson Hotel Co.Superior Court of Pennsylvania · 1914
- Penchas v. Hilton Hotels Corp.New York Supreme Court · 1992