Alan Cutler, Inc. v. New England Diamond Corp.

New England Diamond Corp. sent certain jewelry to the appellant concern on consignment in November and December of 1965, accompanied by a memorandum which read in part as follows:

“ * * * This merchandise after being received by you, until receipted for by us, is at your own risk against any loss or damage of any kind whatsoever, whether caused by your negligence or not. * * * ”

Thereafter, in April of 1966, the jewelry was stolen as a result of an armed robbery. New England brought suit to recover. The appellant denied liability, contending that the memorandum agreement had not been executed…