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D. H. OVERMYER COMPANY v. HIRSCH BROS. & COMPANY

459 S.W.2d 598 (1970)

D. H. OVERMYER COMPANY, Inc., Appellant, v. HIRSCH BROS. & COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

November 6, 1970.

Attorney(s) appearing for the Case

Thomas W. Bullitt, Samuel G. Bridge, Jr., Bullitt, Dawson & Tarrant, Louisville, for appellant.

Kenneth S. Handmaker, Louisville, for appellee.

PALMORE, Judge.

Beginning in July of 1966 Hirsch Bros. & Company, Inc. (hereinafter Hirsch), stored in the commercial warehouse of D. H. Overmyer Company, Inc. (hereinafter Overmyer), at Louisville, Kentucky, several thousand cases of pickles. In February of 1967, when Hirsch withdrew the last of the pickles from storage it was discovered that over 900 cases were missing. Hirsch then brought this suit against Overmyer for the value of the lost goods and obtained...

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