Fischer v. Herman
Civil Court of the City of New York
1Opinion of the CourtLeonard H. Sandler, J.
In this suit for damages for breach of a bailment contract it is undisputed that defendant accepted from plaintiff’s wife a fur coat for storage in May, 1966, and that the coat was missing when demanded in October, 1966.
Two principal defenses were presented at the trial. First, that the coat had been stolen during a burglary, and that the defendant had exercised due care to safeguard the property against loss from that or any other cause. Second, that in any event recovery should be limited to $100, that being the value placed on the coat in a receipt mailed to plaintiff’s wife some time…
2Cases cited1 opinion
- Abend v. HabermanAppellate Division of the Supreme Court of the State of New York · 1953