ABEND v. HABERMAN


202 Misc. 843 (1952)

Jeanette Abend, Respondent, v. Harry Haberman, Doing Business under the Name of Haberman Importers, Appellant.

Supreme Court, Appellate Term, First Department.

May 15, 1952.


Attorney(s) appearing for the Case

Clendon H. Lee for appellant.

Charles T. Weintraub for respondent.

HAMMER, J., concurs with HOFSTADTER, J.; EDER, J., dissents in memorandum.


HOFSTADTER, J.

On June 1, 1948, the plaintiff placed in storage with the defendant a Persian lamb coat and a Persian lamb hat, which she had bought from the defendant the preceding December for $1,564. A few days later the defendant sent the plaintiff by mail a printed receipt in which the articles were valued at $100. The following provisions of the receipt are material to the present issue:

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