
    INNKEEPERS.
    [Hamilton (1st) Circuit Court,
    1908.]
    Swing, Giffen and Smith, JJ.
    
      Herman Roeckers v. Joseph Hart.
    Guest oe Innkeeper oe Boarding House Keeper May Recover Money Deposite» with Host and Misappropriated by Servant oe Latter.
    One receiving a stipulated sum of money for hoarding and lodging and agreeing to safely keep over night money of his guest, is liable for its misappropriation by a servant of the former, whether regarded, as an innkeeper or boarding house keeper.
    ERROR to Hamilton common pleas court.
    W. C. McLean, for plaintiff in error.
    W. A. Rinckhoff, for defendant in error.
    
      
       Affirming, Hart v. Roeckers, 19 Dec. 331.
    
   GIFFEN, J.

The defendant in error paid the plaintiff in error a stipulated sum of money for his'board and lodging, and the latter agreed to safely keep over night the sum of $152, belonging to the former. The next morning the plaintiff in error gave the money to his servant for redelivery to the defendant in error, but the servant appropriated the •same to bis own use. The plaintiff in error was liable for the money so taken whether he be regarded as an innkeeper or a boarding house keeper. The defendant in error was his guest in either event. Beale, .Innkeepers & Hotels Sees. 188, 293.

Swing and Smith, JJ., concur.  