Legal Opinion

Dutton Hotel Co. v. Fitzpatrick

Supreme Court of Colorado

Decided November 8, 1920No. 9877PublishedCited by 2 opinions

Action by guest against a hotel corporation for conversion of baggage. Judgment for plaintiff. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. John T. Shumate, Judge.

1Opinion of the CourtJustice Denison

The Dutton Hotel Company, plaintiff in error and defendant below, was an innkeeper. The defendant in error, plaintiff below, a guest at its hotel in 1911, left owing a bill and the defendant retained her trunk as security for the same.

In 1915 the defendant corporation was dissolved under the statute. The individual defendants were officers, directors and the principal stockholders thereof.

In 1917 the defendant paid $50 on the bill and in 1918 she came to Denver from Nebraska and demanded the trunk but was told by defendant, Frank Dutton, that it could not be found, whereupon she brought suit…

2Cases cited3 opinions

  1. Nutt v. DavisonSupreme Court of Colorado · 1913
  2. Murray v. MarshallSupreme Court of Colorado · 1886
  3. Austin v. Van LoonSupreme Court of Colorado · 1906

3Cited by2 opinions

  1. Mieyr v. Federal Surety Co. of DavenportMontana Supreme Court · 1933
  2. Schwartz v. SilveySupreme Court of Colorado · 1937

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