Legal Opinion

Howard v. Handler Bros. & Winell, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1951PublishedCited by 43 opinions

1Opinion of the CourtPeck, P. J.

Defendant appeals from plaintiff’s judgment for the value of a mink coat left with defendant for storage and cleaning. The coat was not returned and defendant could not account for the loss. Negligence was conceded.

*74The defense rests entirely upon a document which defendant claims was a binding contract between the parties limiting defendant’s liability to the sum of $10. This document, which is sufficiently impressive in appearance, resembling a stock certificate, is labeled ‘ ‘ Fur Storage Agreement ’ ’. It recites on its face that a mink coat was received from plaintiff at a stated value of…

2Cases cited2 opinions

  1. Kirkland v. . DinsmoreNew York Court of Appeals · 1875
  2. Klar v. H. & M. Parcel Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1946

3Cited by43 opinions

  1. Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
  2. Willard Van Dyke Productions, Inc. v. Eastman Kodak Co.New York Court of Appeals · 1963
  3. Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
  4. Florence v. Merchants Central Alarm Co.New York Court of Appeals · 1980
  5. Ebasco Services Inc. v. Pennsylvania Power & Light Co.District Court, E.D. Pennsylvania · 1975

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