Cherry v. McCutchen

P. T. McCutcben Jr. brought a trover suit against ■J. M. Cherry, doing business as Cherry Transfer & Storage Company to recover a certain oil painting. The case was tried by the judge without the intervention of a jury, and he rendered judgment for the plaintiff in the sum of $2470.80. The defendant filed a motion for new trial, and the exception is to the judgment overruling that motion.

1. The warehouse receipt and contract under which the articles were left with the defendant contained the following clauses: "It is hereby specifically agreed between the parties hereto, that if any trunk,…