Agricultural Insurance Co. v. Constantine Case Brief

Summary of Agricultural Insurance Co. v. Constantine

Parties:

Plaintiff: Agricultural Insurance Co.

Defendant: Constantine

Facts: On May 7, 1942, at about 11:45 a.m., Mrs. Joseph Bova, Jr., parked her car at defendant’s parking lot, under the custody of defendant and received a ticket, which exempts defendant’s liability for loss or damage of cars, while Mrs. Bova denied she read the same or ever agreed to the terms printed on the ticket. At about 3 p.m. Mrs. Bova’s demanding the return of car was refused and on May 10, the car was delivered to the owner in a damaged condition. Plaintiff compensated Mrs. Bova $154.69 under the contract of insurance and sued defendant.

Issue: Was the printed matter on the ticket a part of the contract of bailment?

Reasoning: The court states that lacking the assent of bailor to the conditions printed on the ticket before delivering her car to the bailee, it cannot be a part of the contract of bailment. And bailor only considered the ticket is a token or receipt ostensibly for later identification of the bailed property, which cannot constitute a part of the contract.

Holding: Judgment is for plaintiff.



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