Kellogg v. . Sweeney
New York Court of Appeals
Appeal from judgment of the General Term of the fifth judicial district, affirming judgment entered in Lewis county in favor of plaintiff, upon the report of a referee. (Reported below in 1 Lansing, 397.) The action is brought to recover for a quantity of gold coin, alleged to have been lost through the negligence of defendant, an innkeeper. Defendant was the proprietor of a hotel in the city of Kew York, known as Sweeney’s hotel, kept on the European plan.
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Appeal from judgment of the General Term of the fifth judicial district, affirming judgment entered in Lewis county in favor of plaintiff, upon the report of a referee. (Reported below in 1 Lansing, 397.) The action is brought to recover for a quantity of gold coin, alleged to have been lost through the negligence of defendant, an innkeeper. Defendant was the proprietor of a hotel in the city of Kew York, known as Sweeney’s hotel, kept on the European plan. On the 9th of December, 1863, plaintiff went to said hotel as a guest, registered his name, and called for a room, but only succeeded in…
1Opinion of the Court
By the Court—Beckham, J.
Bendetson v. French, decided at the present term of this court, covers all the material questions in this case, except the point as to the amount of the recovery. The plaintiff recovered at the trial for the amount of gold coin lost: $493.50, premium, 59 per cent, $291.16 and interest on both.
When this coin was lost, there were two currencies in the United States established by law as the court has held.
The plaintiff lost gold coin. Why should he recover in paper currency % Why should not this case be decided precisely as if the legal tender act, so called, had never…
2Cited by8 opinions
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Chamberlain v. WestSupreme Court of Minnesota · 1887
- In re Shipman's EstateNew York Supreme Court · 1894
- Knox v. GerhauserMontana Supreme Court · 1878
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