Nelkin

The copartnership of William Nelkin & Co., a New York wholesale diamond merchant, seeks to recover from Marvin Hime & Co., Inc., a Beverly Hills retail jeweler, the value of certain jewelry consigned by the former to the latter on various dates in 1957 and 1958 and having a value of $25,047. It is conceded, as stated in the findings, that: “On May 1, 1958, said items of jewelry were stolen in an armed robbery which occurred without the complicity, negligence, or fault of defendant. ’ ’

Plaintiffs rest their case upon the terms of the memo randum which accompanied the consignment at the time of delivery, each one being in the following terms:

The trial court found: ‘ ‘ Said memoranda were intended by plaintiffs and defendant to be receipts only, and neither plaintiffs nor defendant at any time intended or agreed that the printed provisions of any of said memoranda were to be binding on defendant.

“There was at no time any verbal or written agreement between plaintiffs and defendant concerning any of said items of jewelry whereby defendant agreed to be liable for their loss occurring without the fault or negligence of defendant ; ...”

Judgment was rendered for defendant and…