McDaniels v. Robinson
Supreme Court of Vermont
Assumpsit for $4,000, it being two hundred twenty dollar gold pieces, left with the defendant, who was an innkeeper, for safe keeping. Plea the general isstie and trial by jury.
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Assumpsit for $4,000, it being two hundred twenty dollar gold pieces, left with the defendant, who was an innkeeper, for safe keeping. Plea the general isstie and trial by jury. On the trial, the plaintiff offered testimony tending to prove that from the 26th day of February 1851, to the 6th day of March following, and before and after those dates, the defendant was the keeper of a public inn, at Bennington Center village, in the county of Bennington, but without any license therefor from any civil authority; that on the evening of the said 26th day of February, the plaintiff, whose place of…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Cii. J.
The first question arising in this case is in regard to the plaintiff being a guest of defendant, at the time he deposited the $4,000 in gold with him to keep. The plaintiff’s testimony tended to show he came to Bennington, on business, on the 26th of February, and put his horse into defendant’s stable, he being a common innkeeper, leaving his wagon, harness, and buffalo skins in defendant’s custody, where they remained without interruption till the 6th of March, the money being lost on the night of the 5th of March. The plaintiff took…
2Cases cited5 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Merritt v. ClaghornSupreme Court of Vermont · 1851
- Thickstun v. HowardIndiana Supreme Court · 1847
- Shaw v. BerrySupreme Judicial Court of Maine · 1850
- Peet v. McGrawNew York Supreme Court · 1841
3Cited by21 opinions
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- Hancock v. . RandNew York Court of Appeals · 1883
- Holt Ice & Cold Storage Co. v. Arthur Jordan Co.Indiana Court of Appeals · 1900
- Langford v. RogersMichigan Supreme Court · 1936
- Hays v. TurnerSupreme Court of Iowa · 1867
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