KRAUT v. MORGAN & BROTHER


38 N.Y.2d 445 (1976)

Harry Kraut, Respondent, v. Morgan & Brother Manhattan Storage Co., Inc., Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided January 6, 1976.


Attorney(s) appearing for the Case

Morris Zweibel for appellant.

O. John Rogge for respondent.

Judges WACHTLER, FUCHSBERG and COOKE concur with Judge GABRIELLI; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs; Judge JONES dissents and votes to reverse in another separate opinion.


GABRIELLI, J.

Plaintiff, a collector of rare Russian enamels, placed approximately 300 of his acquisitions, valued at $731,000, in storage with defendant, a commercial bailee, on the eve of an extended trip to Europe. When he sought their return, defendant was unable to redeliver the bailed goods, they having been stolen from its warehouse. After advertising that he would pay a reward for their return, plaintiff...

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