Legal Opinion

Hancock v. Rand

New York Supreme Court

Decided March 15, 1879Published

Appeal from a judgment in favor of the defendants, entered upon the report of a referee. This action was brought to recover from tbe defendants, who were tbe proprietors of tbe St. Cloud hotel, in tbe city of New York, tbe value of certain articles of jewelry stolen from tbe plaintiff while she was, as she alleged, a guest at that hotel. Tbe referee found in favor of tbe defendants, on tbe ground that tbe relation of inkeeper and guest did not exist between tbe parties.

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Appeal from a judgment in favor of the defendants, entered upon the report of a referee. This action was brought to recover from tbe defendants, who were tbe proprietors of tbe St. Cloud hotel, in tbe city of New York, tbe value of certain articles of jewelry stolen from tbe plaintiff while she was, as she alleged, a guest at that hotel. Tbe referee found in favor of tbe defendants, on tbe ground that tbe relation of inkeeper and guest did not exist between tbe parties. Tbis is an appeal by tbe plaintiff from a judgment entered against her in tbe above action upon tbe report of tbe referee.…

1Opinion of the Court

Ingalls, J. :

The following are the findings of fact and conclusions of law of the referee:

First. That during all the times hereinafter mentioned the defendants were copartners, carrying on business as the proprietors *281and keepers of the hotel known as the St. Cloud hotel, in the city of New York.

Second. That in the month of November, 1873, Winfield S. Hancock applied to the defendants for rooms at said hotel for his family, consisting of himself; his wife, Almira Hancock, the plaintiff ; his daughter, Ada E. Hancock, since deceased, and also his niece. That thereupon an arrangement was made…

2Cases cited6 opinions

  1. Pinkerton v. WoodwardCalifornia Supreme Court · 1867
  2. McDaniels v. RobinsonSupreme Court of Vermont · 1854
  3. Walling v. PotterSupreme Court of Connecticut · 1868
  4. Ingalsbee v. WoodNew York Supreme Court · 1862
  5. Ingallsbee v. . WoodNew York Court of Appeals · 1865

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