Keefe v. Moskin Stores, Inc.

CAYTON, Chief Judge.

Moskin Stores sued Keefe, a former store manager, for shortages of cash and merchandise. The claim was based on a written contract under which Keefe was to be liable for such shortages unless he furnished proof “that the deficiency in the said merchandise or loss of cash referred to, was caused by the theft, larceny or acts of persons, other than Employee or other than persons hired or employed by or in or about the business of the Employer.” The validity of the contract was not challenged in the trial court nor is it questioned here: After a trial without a jury judgment…