139 N.Y.S. 881 | N.Y. App. Term. | 1913
The plaintiff has recovered judgment against the defendant for the value of a piece of jewelry which she claims was stolen, from her apartment in a hotel. The plaintiff’s testimony is to the effect that she occupied two rooms in a hotel; that she wore this piece of jewelry the day before the alleged theft and placed it in a plush case and then placed the case in a jewelry box on the bureau. Robody was in the room at this time except her husband. The next morning her husband left before plaintiff was awake. On that morning the plaintiff took breakfast in the dining-room of the hotel. Some time after she returned to her apartment
Judgment should,- therefore, be reversed, with costs, and complaint dismissed, with costs.
" Seabury and Page, JJ., concur.
Judgment reversed, with costs, and complaint dismissed, with costs.