HOWARD v. HANDLER BROS. & WINELL


279 A.D. 72 (1951)

Odessa F. Howard, Respondent, v. Handler Bros. & Winell, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1951.


Attorney(s) appearing for the Case

John M. Aherne of counsel (John J. Martin with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for appellant.

Samuel D. Pressman for respondent.

COHN, VAN VOORHIS and SHIENTAG JJ., concur with PECK, P. J.; DORE, J., dissents and votes to reverse the judgment and order and to direct judgment in defendant's favor in opinion.


PECK, P. J.

Defendant appeals from plaintiff's judgment for the value of a mink coat left with defendant for storage and cleaning. The coat was not returned and defendant could not account for the loss. Negligence was conceded.

The defense rests entirely upon a document which defendant claims was a binding contract between the parties limiting defendant's liability...

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