Robert Altman, Inc. v. Biltmore Hotel

WOOD, P. J. Action for damages for loss of two leather jewelry-sample cases which had been deposited for safekeeping in the vault of defendant hotel. The plaintiff corporations were engaged in the wholesale jewelry business. Each plaintiff was the owner of one of the lost leather cases. The complaint alleged that the cases contained jewelry and that the value of the Altman Company case and jewelry therein was $71,988.60, and the value of the Bridal Ring Company case and jewelry therein was $8,794.20. Recovery of damages for those amounts was sought upon the basis of negligence, conversion, and breach of contract. Defendant, in its answer, denied the allegations regarding negligence, conversion, and breach of contract, and it alleged as an affirmative defense that its liability, if any, to each plaintiff was limited to $250. It was stipulated that the issues of defendant’s liability and of any limitation on the amount of such liability should be tried first, and that in the event the court determined those issues in favor of plaintiffs the trial would be continued to a later date on the issue of damages. It was stipulated further that “the value of the property was at least $250.”

David Altman was a salesman for plaintiff Robert Altman, Inc. Maurice Goldstein was a salesman for plaintiff Bridal Ring Company, Inc. Those representatives of the plaintiffs deposited the cases with the hotel as hereinafter stated.

The court found that the leather cases were lost as the result of the negligence of defendant and that the “receipts” given to Mr. Altman and Mr. Goldstein were not receipts within the meaning of section 1860 of the Civil Code and that the liability of defendant was limited, under the provisions of section 1860 of the Civil Code, to $250 as to each plaintiff. Judgment was for each plaintiff in the amount of $250.

Plaintiffs state that they appeal from the judgment and “from those parts of said judgment that limit the liability of said defendant to the sum of $250.00. ’ ’

Appellants contend that the evidence does not support “the findings and conclusions of the trial court, that the receipts were insufficient and limited the liability of the Defendant.”

Defendant hotel maintained a fireproof vault for the safekeeping of property of its guests, and a notice pursuant to the [277]provisions of section 1860 of the Civil Code was posted in each guest room. A similar notice was printed on the registration card signed by each guest.