KAPLAN PRODS. v. CHELSEA STORAGE


9 Misc.2d 273 (1957)

Kaplan Products and Textiles, Inc., Respondent, v. Chelsea Fireproof Storage Warehouse, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

June 17, 1957.


Attorney(s) appearing for the Case

Alvin Altman for appellant.

Howard N. Beldock for respondent.

HECHT, AURELIO and TILZER, JJ., concur.


Per Curiam.

The complaint and proof are founded upon appellant's conversion of the goods. The proof adequately established the delivery to appellant, its failure to return the goods and complete absence of any explanation by appellant for such failure. In the circumstances, in an action for conversion by the warehouse itself, the limitation of liability clause in the warehouse receipt does not constitute a valid defense to recovery of the full value of the...

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