Pawn

By this action plaintift seeks to recover her trunk or the value thereof, $3,159.50, in ease it cannot be returned. The defendants were proprietors of the Hotel Gotham, where the plaintiff had remained for some time as a guest until August 26, 1923. On that day she departed and left her trunk in the care of the defendants, to be sent for later. Defendants failed to redeliver it upon demand subsequently made and plaintiff commenced this action on February 19, 1924, more than ninety days after her from the hotel. The defendants pleaded several defenses based upon code sections limiting and regulating hotel-keepers ’ liability. The court found these defenses to be good, particularly the plea of the special statute of of Code of Civil Procedure, section 341a, limiting such an action against a hotel-keeper to ninety days after the departure of the owner of the trunk from the hotel.

Appellant’s argument is an attack upon the of each and all of defendants’ defenses, but none of them, from the nature of the case, needs be considered if the ninety-day statute of limitations is applicable. The court found in effect that the trunk was not left in charge of the defendants as warehousemen,…