Layton v. Ferguson Moving & Storage Co.

This is an appeal from a judgment by the Common Pleas Court against a warehouseman in favor of a depositor for failure to redeliver, upon demand, various articles of household equipment and other articles of a personal nature. It is not disputed that these articles were destroyed by fire while they were in storage in the defendant’s warehouse and that that accounted for the failure to deliver.

Joined with the bailee is the London & Scottish Assurance Corporation which issued a policy on the chattels and has paid its coplaintiff substantially its entire loss, and is suing as subrogee. As the…