Radebaugh v. Citizens Trust & Savings Bank

The case is submitted upon a motion for judgment for nonsuit at the close of plaintiff’s evidence. Defendant relies upon the contract made by the parties wherein it was expressly agreed that the bank should not be liable in case the property in the box should be misappropriated by any person deputized by the plaintiff, to have access to the same. Plaintiff made written acknowledgment of receipt of two keys. The contract stipulated that the bank shall not be liable to Radebaugh in event of misappropria*348tion by the other or others or any person deputized by plaintiff, the undersigned, -who…