Robert Altman, Inc. v. Biltmore Hotel

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…