Legal Opinion

Baehr v. Downey

Michigan Supreme Court

Decided May 12, 1903No. Docket No. 34PublishedCited by 11 opinions

Case made from Ingham; Wiest, J. Trover by Herman Baehr and Marcus Loew, copartners as Herman Baehr & Company, against Charles P. Downey and Oscar J. Downey, copartners as H. J. Downey’s Sons. There was a judgment for defendants, and plaintiffs assign error. Plaintiffs brought suit to recover the value of certain goods claimed to have been lost at the hotel of the defendants.

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Case made from Ingham; Wiest, J. Trover by Herman Baehr and Marcus Loew, copartners as Herman Baehr & Company, against Charles P. Downey and Oscar J. Downey, copartners as H. J. Downey’s Sons. There was a judgment for defendants, and plaintiffs assign error. Plaintiffs brought suit to recover the value of certain goods claimed to have been lost at the hotel of the defendants. The case was tried before the court without a jury, and the following are the material facts as found by the court: The plaintiffs as partners, on the 17th day of October, 1900, were-manufacturers of furs in New York…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. The stringent liability of innkeepers for the property of their guests is conceded. The learned circuit judge held that the contract to forward the package was one growing out of and based upon the relation of innkeeper and guest; that the practice of fowarding letters and packages to departed guests induces travelers to stop at a hotel following the custom, and inures to the benefit of. the hotel proprietor, and was a sufficient consideration for the defendants’ undertaking to forward the parcel. He, however, entered a judgment for the defendants, for the reason…

2Cases cited10 opinions

  1. Knights v. PiellaMichigan Supreme Court · 1896
  2. Hays v. TurnerSupreme Court of Iowa · 1867
  3. Giles v. FauntleroyCourt of Appeals of Maryland · 1859
  4. Smith v. American Express Co.Michigan Supreme Court · 1896
  5. O'Brien v. VaillSupreme Court of Florida · 1886

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Tatro v. Baker-Fisk-Hugill Co.Michigan Supreme Court · 1921
  2. Fraam v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1910
  3. Thomas Canning Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1920
  4. Davis v. CohenMichigan Supreme Court · 1931
  5. Keisel v. ReynoldsSupreme Court of Oklahoma · 1925

6 more not listed; retrieve them via the Exa API.

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