Roberts v. Case Hotel Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of the plaintiff, after trial by the court without a jury.
1Opinion of the CourtMullan, J.
What is an inn? Given an inn, when is a person a guest of the innkeeper? The defendant company must have been an innkeeper, and the plaintiff must have been its guest, in the technical, common-law sense, or the judgment below cannot stand.
The books abound in definitions of inn and innkeeper, and courts and text-writers almost invariably go back to the same sources. Calye’s Case, 8 Coke, 32; Cross v. Andrews, Cro. Eliz. 622; Thompson v. Lacy, 3 B. & Aid. 283; 5 Bac. Abr., Inns & Innkeepers. “An inn,” says the writer in Cyc. (vol. 22, p. 1070), is “A house where a traveler is furnished, as a…
2Cases cited6 opinions
- Hulett v. . SwiftNew York Court of Appeals · 1865
- Walling v. PotterSupreme Court of Connecticut · 1868
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Cromwell v. StephensNew York Court of Common Pleas · 1867
- Crapo v. RockwellNew York Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Society of European Stage Authors & Composers, Inc. v. New York Hotel Statler Co.District Court, S.D. New York · 1937
- Cedar Rapids Investment Co. v. Commodore Hotel Co.Supreme Court of Iowa · 1928
- Hart v. Mills Hotel TrustCity of New York Municipal Court · 1932
- People ex rel. Rubin v. Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1959