Pawn v. Wall

KOFORD, P. J.

By this action plaintift seeks to recover her trunk or the value thereof, $3,159.50, in ease it cannot be returned. The defendants were proprietors of the Hotel Gotham, where the plaintiff had remained for some time as a guest until August 26, 1923. On that day she departed and left her trunk in the care of the defendants, to be sent for later. Defendants failed to redeliver it upon demand subsequently made and plaintiff commenced this action on February 19, 1924, more than ninety days after her from the hotel. The defendants pleaded several defenses based upon code sections limiting and regulating hotel-keepers ’ liability. The court found these defenses to be good, particularly the plea of the special statute of of Code of Civil Procedure, section 341a, limiting such an action against a hotel-keeper to ninety days after the departure of the owner of the trunk from the hotel.

Appellant’s argument is an attack upon the of each and all of defendants’ defenses, but none of them, from the nature of the case, needs be considered if the ninety-day statute of limitations is applicable. The court found in effect that the trunk was not left in charge of the defendants as warehousemen, nor as ordinary bailees, nor pursuant to special express agreement, promise or but that it was left in defendants’ charge in no other capacity than that of hotel-keeper. The validity of the

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judgment appealed from depends upon the validity of this finding. The court’s finding that defendants did not promise to redeliver upon demand must be taken to mean that they made no express promise, as undoubtedly the law will imply a promise, or at least will enjoin the duty of redelivery upon demand.

The part of plaintiff’s testimony relied on by the appellant is as follows: That on August 26, 1923, she went to the hotel desk and paid her hotel bill and thereupon told the man behind the counter, admittedly an employee of the hotel, that she wanted to have the trunk stored, that she was going away and did not have time to take it to the storage company and “would they be so kind as to take charge of my trunk and they told me they ivould and it would be perfectly safe,” witness continuing, that they said it would be all right and that they would take care of it and when I was ready for it they would send it to me. They did not tell me there would be any charge for taking care of the trunk. I did not tell them how long it would be before I would send for the trunk.