Margoshes v. Reo Stores, Inc.

The provision in the storage receipt purporting to exculpate defendant from liability for delay in redelivery of plaintiff’s coat was not sufficiently broad to relieve it from liability for negligence (Howard v. Handler Bros. & Winell, 279 App. Div. 72, 75, 76, affd. 303 N. Y. 990). However, it was error to treat the delay upon the same basis as if the garment had been wrongfully converted. Under the circumstances of this case, plaintiff may only claim damages measured by the difference between the value of the coat at the agreed time of delivery and at the time of actual delivery, or, if…