Continental Metals Corp. v. Municipal Warehouse Co.

I would reverse the order appealed from, deny plaintiff’s motion for summary judgment, and grant defendant’s motion for summary judgment dismissing the complaint. Plaintiff delivered certain cobalt to defendant, a public warehouse; defendant has not returned the cobalt and is unable to explain the loss of the cobalt other than to conclude that the only plausible explanation was a criminal act on the part of one of its employees. The warehouse receipt contained a rather usual provision that: “(b) No action at law or in equity shall be brought in connection with any loss or damage prior to the…