Legal Opinion

DH Overmyer Company v. HIRSCH BROS. & COMPANY

Court of Appeals of Kentucky (pre-1976)

Decided November 6, 1970PublishedCited by 7 opinions

1Opinion of the Court

PALMORE, Judge.

Beginning in July of 1966 Hirsch Bros. & Company, Inc. (hereinafter Hirsch), stored in the commercial warehouse of D. H. Overmyer Company, Inc. (hereinafter Overmyer), at Louisville, Kentucky, several thousand cases of pickles. In February of 1967, when Hirsch withdrew the last of the pickles from storage it was discovered that over 900 cases were missing. Hirsch then brought this suit against Over-myer for the value of the lost goods and obtained a judgment in the principal sum of $3,098.52, from which Overmyer appeals.

The written storage contract between the parties provided…

2Cases cited5 opinions

  1. Lee v. TuckerCourt of Appeals of Kentucky (pre-1976) · 1963
  2. Bell & Koch, Inc. v. StanleyCourt of Appeals of Kentucky (pre-1976) · 1964
  3. Threlkeld v. Breaux Ballard, Inc.Court of Appeals of Kentucky (pre-1976) · 1944
  4. Welch v. L. R. Cooke Chevrolet Co.Court of Appeals of Kentucky (pre-1976) · 1950
  5. Scott v. PattersonCourt of Appeals of Kentucky · 1966

3Cited by7 opinions

  1. Blankenship v. Lloyd Blankenship Coal Co.Court of Appeals of Kentucky (pre-1976) · 1970
  2. State Street Bank & Trust Co. of Boston v. Heck's, Inc.Kentucky Supreme Court · 1998
  3. Kearns v. McNeill Bros. Moving & Storage Co.District of Columbia Court of Appeals · 1986
  4. Clark Mechanical Contractors, Inc. v. KST Equipment Co.Court of Appeals of Kentucky · 1974
  5. Commonwealth of Kentucky, Energy and Environment Cabinet v. Eric ShraderCourt of Appeals of Kentucky · 2022

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