Weser v. Throne — 72 N.Y.S. 1134

Majority

p. 1134

WESER, Appellant, v. THRONE et al., Respondents.

(Supreme Court, Appellate Term,

June, 1901.)

Headnote

Action by Calvin S. Weser against Sylvia Throne, impleaded with Arthur J. Handlein and another.

S. Sturtz, for appellant. Black, Olcott, Gruber & Bonynge, for respondents.

The positive testimony of the plaintiff’s witness Stover of having left the contract of rental and the account for the first month’s rental with a clerk of the hotel is sufficient to establish the giving of the notice necessary to charge the defendants with knowledge that the piano was the property of the plaintiff and was not owned by the guest. This is clearly shown, notwithstanding the purely negative and somewhat contradictory testimony of hotel employSs. Under the notice given, the defendants could not acquire any lien. Judgment reversed, and new trial ordered, with costs to abide event.