Bankers Warehouse Company v. Bennett

Opinion by

Mr. Justice Moore.

We will refer to the parties as follows: plaintiff in error as the warehouse or defendant, and defendant in error as Bennett or plaintiff.

Plaintiff is a dealer in nuts. He alleged in his complaint that between March 30 and June 12, 1956, he stored with the warehouse approximately 25,000 pounds of nut meats; that three separate warehouse receipts were issued to him upon delivery of the shipment to the warehouse; and that the said nut meats were received by the warehouse in good condition. He further alleged that defendant:

“ * * * did not exercise that degree of care…