Hyperlawhypertext legal database Buttman v. Dennett 30 N.Y.S. 247

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Buttman v. Dennett

30 N.Y.S. 247 Court N.Y.C.P. Decision date 1894-08-01 English

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p. 247
(9 Misc. Rep. 462.)
BUTTMAN v. DENNETT.
(Common Pleas of New York City and County, General Term.
August 1, 1894.)

Headnote

Bailment—Restaurant Keeper—Liability por Customer’s Wraps.
A restaurant keeper is liable, in the absence of due care, for the loss of a customer’s wraps left in his charge. Bunnell v. Stern, 25 N. E. 910 , 122 N. Y. 539 , and Bird v. Everard (Com. PI.) 23 N. Y. Supp. 1008 , followed.
Appeal from first district court.
Action by William Buttman against Alfred W. Dennett. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
Argued before BOOKSTAVER and BISCHOFF, JJ.
W. S. Burt, for appellant.
L. S. Wheeler, for respondent.

We think that a restaurant keeper, in whose custody wraps and other articles of wearing apparel have been temporarily placed for safe-keeping, is liable as a bailee, under the rule laid down in Bunnell v. Stern, 122 N. Y. 539 , 25 N. E. 910 , and Bird v. Everard (Com. Pl. N. Y.) 23 N. Y. Supp. 1008 ; and that the judgment must therefore be affirmed, with costs.

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