MAYS, INC. v. HERTZ CORP.


15 A.D.2d 105 (1961)

J. W. Mays, Inc., Respondent, v. Hertz Corp., Appellant

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

December 12, 1961.


Attorney(s) appearing for the Case

Benjamin Heller of counsel (Cymrot & Wolin, attorneys), for appellant.

Benjamin Feldstein for respondent.

BOTEIN, P. J., RABIN, EAGER and BASTOW, JJ., concur.


BREITEL, J.

Defendant Hertz, a renter of trucks which it also stores on a parking lot, appeals from an order directing a verdict in favor of plaintiff and from a judgment entered on such verdict in the amount of $12,419.70. Plaintiff operates a department store with three branches. It sued to recover the value of its merchandise stolen from a truck it had rented from Hertz.

For a period of over two years plaintiff rented a truck from Hertz and...

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