Legal Opinion

Herter v. Dwyer

Appellate Terms of the Supreme Court of New York

Decided May 18, 1911Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Frank Herter against Anna M. Dwyer. From, a judgment for plaintiff, defendant appeals.

1Opinion of the CourtBijur, J.

Plaintiff for some 15 months, had been a lodger in defendant’s lodging house, where he paid 25 cents a night for a small room and bed. He left some clothes in the locker in-the room whén he went to work at 5:30 in the morning of November 21, 1910. On his return in the evening the clothes had disappeared. He had left the key of his room, in the morning, with the clerk. It is not clear whether he locked the locker, and, if so, what he did with the key; but no question is raised as to that point. In the locker was posted a ■notice in conspicuous type in the following words:

“The proprietor will…

2Cases cited5 opinions

  1. Purvis v. . Coleman StetsonNew York Court of Appeals · 1860
  2. Cromwell v. StephensNew York Court of Common Pleas · 1867
  3. Siegman v. KeelerNew York Court of Common Pleas · 1893
  4. Smith v. ReadNew York Court of Common Pleas · 1875
  5. Schneps v. SturmAppellate Terms of the Supreme Court of New York · 1898

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