In Markham v. Brown, 8 N.H. 523 (1837), the Superior Court of Judicature of New Hampshire held that under common law:
| “ | An innkeeper holds out his house as a public place to which travellers may resort, and of course surrenders some of the rights which he would otherwise have over it. Holding it out as a place of accommodation for travellers, he cannot prohibit persons who come under that character, in a proper manner, and at suitable times, from entering, so long as he has the means of accommodation for them. | ” |
Markham v. Brown, 8 N.H. 523, 528 (1837).
The court reversed a jury verdict based on a failure by the trial judge to give a proper instruction.
This is case is relied up in the AG, Fla. v. NetChoice petition for cert.