12 Daly 174 | New York Court of Common Pleas | 1883
The conclusion of the judge that the defendant was not an innkeeper was correct. He merely kept a lodging house, in which no provision was made by him for supplying the lodgers with meals, and such house is not an inn (Cromwell v. Stephens, 2 Daly 15), as an inn furnishes both food and lodgings to the
It is not even as strong a case as Parkhurst v. Foster (1 Salk. 387), for there the plaintiff, who kept a lodging house, furnished dressed meat and ale at a fixed price to the inmates of rooms, and also found stable room and hay for their horses, and this was held not to be an inn, because it was not a place where any one came and was entertained upon application, its in an inn, but where the inmates lodged upon a private contract; and for the same reason it Avas held in Dansey v. Richardson (3 El. & BL 144), that a boarding house is not an inn, as the receiving of the boarder is under a voluntary contract, whereas the innkeeper, in the absence of any reasonable or lawful excuse, is bound to receive any guest when he presents himself; and it is not in his power, as in the case of a boarding house or lodging house keeper, to elect whom he will or whom he will not receive.
In Carpenter v. Taylor (1 Hilt. 193), it Avas held that a restaurant Avas not an inn, although in the upper part of the building the keeper of the restaurant carried on the business of an innkeeper, the court holding that his liability for that part of his premises was not to be extended to the restaurant kept by him below.
In Kopper v. Willis (9 Daly 460), it was held that where there were lodging rooms and a restaurant in the same building, they must both be under the same management and direction to make them unitedly an inn and the proprietor an innkeeper.
All that appeared in this case was that the defendant, in
In the act of 1879 (L. 1879, c. 530), lodging house keepers are enumerated among those who, if they have a lien for fare, accommodation or board, may foreclose it by a sale of the property at the time and in the manner therein provided. It is a general act for the protection of hotel keepers, innkeepers, lodging house keepers and boarding house keepers, and would seem to imply a legislative recognition of the existence of the lien of a lodging house keeper, but what
The judgment should therefore be affirmed.
Beach, J., concurred.
Judgment affirmed.