by John Marshall Harlan

“ It is suggested that the purpose of the act of 1872 was to protect innkeepers, and therefore actual knowledge that a guest has in his possession merchandise for sale, or, at least, the consent of the innkeeper to the guest's use of a room in his hotel for such purpose, should be deemed sufficient to fasten upon the innkeeper responsibility for the safety of such merchandise. It seems to us that the statute is equally for the benefit of traveling salesmen. ”

“ It results that the court below did not err in refusing the instruction asked by the plaintiffs, but correctly held that the absence of the written notice required by the act of 1872 was fatal to their right to recover. The judgment is affirmed. ”