Gardner v. Jonathan Club

Plaintiff, as assignee of Lambert H. Polderman, brought this action to recover $5,500 allegedly contained in an envelope delivered to defendant for safekeeping and not returned on demand., Defendant moved for summary judgment for plaintiff in the amount of $250 on the ground that its *346liability was limited to that amount by Civil Code sections 1840, 1859, and 1860.* The motion was granted and plaintiff appeals from the judgment entered thereon.

Plaintiff’s assignor was a resident member of defendant club, which rents rooms to members and guests. Pursuant to Civil Code, section 1860, defendant…