129 Misc. 855 | N.Y. Sup. Ct. | 1927
The defendant is the proprietor of the Hotel Biltmore. In 1919 the plaintiff was a guest. On May twentieth of that year she delivered certain packages to a clerk of the defendant to place in the safe in the office for safekeeping and received the key to a box. On June thirteenth, on opening the box, certain articles of jewelry were found to be missing. The articles taken were of the value of $300,000. All have been recovered except those of a value of $50,000. The theft was made by the clerk who received the packages. The contents of the packages or their value were not disclosed when the deposit was made. The liability of an innkeeper for money, jewels or ornaments belonging to guests rests no longer simply upon common-law principles. It is regulated by section 200 of the General Business Law. The innkeeper may provide a safe for the safekeeping of such articles. Guests who fail to avail themselves of the protection of such deposit forfeit their claim for loss by theft or otherwise. The innkeeper does not thereby have to provide the elaborate protection of a safe-deposit company for the guarding of valuables of unlimited value. He is not obliged to receive for safekeeping property on deposit exceeding $500 in