WEISER v. ALBUQUERQUE OIL AND GASOLINE COMPANY

No. 6309.

325 P.2d 720 (1958)

64 N.M. 137

Bernard M. WEISER, Plaintiff-Appellant, v. ALBUQUERQUE OIL AND GASOLINE COMPANY, a partnership d/b/a Casa Grande Lodge, Defendant-Appellee.

Supreme Court of New Mexico.

May 9, 1958.


Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, John P. Eastham, Charles B. Larrabee, Albuquerque, for appellant.

Brown, White & Atkinson, Albuquerque, for appellee.


PER CURIAM.

On March 11, 1955, the plaintiff, Bernard M. Weiser, a jewelry salesman, registered at the Casa Grande Lodge, a motel located on West Central Avenue in Albuquerque, New Mexico. He had with him a sample case containing jewelry, which he deposited at the front desk. After his evening meal he asked for, and was given, the case.

On the afternoon of the following day plaintiff after having finished calling on his customers again deposited the sample...

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