WINFRED JEWELRY v. SPIVACK


12 Misc.2d 74 (1958)

Winfred Jewelry, Appellant, v. "Beatrice" Spivack, Respondent.

Supreme Court, Appellate Term, First Department.

May 22, 1958.


Attorney(s) appearing for the Case

Samuel B. Ohlbaum for appellant.

Fred Queller for respondent.

HOFSTADTER, J. P., HECHT and TILZER, JJ., concur.


Per Curiam.

This matter does not involve an ordinary bailment, in view of the fact that by the terms of the receipt which defendant signed for the merchandise she assumed "risk of all hazards". Under the circumstances, plaintiff was not required to prove fault or negligence on defendant's part.

Since defendant failed to return the merchandise as agreed, plaintiff was entitled to recover the value thereof and the judgment in favor of defendant may not...

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