9 Wash. 331 | Wash. | 1894
The opinion of the court was delivered by
— This was an action instituted by respondent against the appellants to recover the value of a certain trunk, and its contents, which was stored with appellants, who were warehousemen. The trunk remaining in storage for such a time as was regarded by the appellants as unreasonable, it was sold for.storage charges.
It appeared upon the trial that at the time of receiving the trunk the appellants gave to the respondent the following receipt:
“No. 421. Shoudy Bros. & Co. Storage Receipt.
Seattle, Wash., April 23, 1891.
“Received in store from M. Bergman the following described property, subject to his order upon surrender of this receipt and payment of charges, on the condition that Shoudy Bros. & Co. shall not be liable for loss by fire or any extraordinary act of the elements, nor for damage by rats, mice, moths or any other vermin, nor from frost, riot, insurrection or war. Rates of storage. 50 per month. 1 trunk, (marked) original.”
Anders, Hoyt, Stiles and Scott, JJ., concur.