Page v. Ace Van & Storage Co.

BARNARD, P. J.

The plaintiffs sued to recover the value of four rugs stored by Mrs. Page in the defendants’ warehouse.

In November, 1944, defendants’ driver picked up these rugs at plaintiffs’ home. At this time Mrs. Page signed two instruments, copies of which were given to her. The first is a “work order” containing a number of descriptive blank spaces, a few of which are filled in. Near the top of the in

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strument, conspicuously enclosed in a box and in clear type, appears the following:

“Unless a greater value is stated herein in writing the depositor declares that the value, in case of loss, or damage, whether arising out of the storage, transportation, packing, unpacking, or handling of the goods, and the liability of this Company for any cause for which it may be liable, for each or any piece or package or the contents thereof, does not exceed and is limited to 10c per pound, and a maximum value of $25.00 for any one piece or package upon which declared or agreed value the rates are based, such depositor having been given the opportunity to declare a higher valuation without limitation, in case of loss or damage from any cause which would make the Company liable and to pay the higher rates based thereon.”

This is followed by a certificate that the undersigned agrees to the above and has authority to act, with a line for the signature of the “shipper.” This was signed by Mrs. Page. The other document, called an “inventory,” contains at the top the shipper’s name and address, etc., and then four entries, each reading “Oriental rug,” with its size and the word “used.” Bight inches below those entries, and being the only other thing on the document, appears the same language as that above quoted, with the same certificate of agreement and authority and a line for the signature of the owner. This was also signed by Mrs. Page. In the middle of the 8-ineh blank space someone has written in pencil the word “vault.”

A day or two later, Mrs. Page went to the defendants’ office where she signed and was given a copy of a third document labeled “Warehouse Receipt and Contract,” which was also signed by the defendants. This document acknowledged receipt of these four “used” oriental rugs and set forth 10 short paragraphs, containing less than half a page, stating the agreements between the parties. The second and longest of these paragraphs is as follows: