Norris v. Manischewitz Broadway Central Hotel, Inc.

Bijur, J. (dissenting).

The jury was entitled to believe that plaintiff, while a guest in defendant’s hotel, placed in a drawer of a safe provided by defendant in its office $1,940; that he asked the clerk in charge for a receipt and was given the key of the drawer with the remark that the key was his receipt. The money disappeared and plaintiff sued for its recovery.

Defendant’s apparent position on the trial and on this appeal is that the “ plaintiff did not deliver the money to defendant for deposit within the meaning of Sec. 200 of the General Business Law ” (which is a limitation upon the…