Fischer v. Herman
New York City Civil Court
63 Mis. 2d 44, 310 NY.S.2d 270 (1970)
- Written by Tom Squier, JD
Facts
In May 1966, the wife of Donald Fisher (plaintiff) gave a fur coat to Milton Herman (defendant) for storage. After accepting the coat, Herman mailed a receipt to Fischer’s wife, which noted the value of the coat as $100. Fischer’s wife did not consent to that valuation. Herman stored the coat on a rack in his factory, along with other coats held for storage. Herman stored coats that he had manufactured in a vault. When Fischer’s wife demanded the return of the coat in October 1966, the coat was missing. Fischer sued Herman for breach of a bailment contract. At trial, Herman claimed that the coat had been stolen during a burglary, but Herman had not been present at the time of the burglary and was relaying the account of an employee who did not testify. Herman’s place of business had a complex system of alarms, but those alarms were not triggered on the alleged night of the burglary. Testimony from an expert witness gave a value of $1,140 for the coat. Herman argued that he had exercised due care in storing the coat and that damages, if any, should be limited to $100.
Rule of Law
Issue
Holding and Reasoning ()
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