Barclay v. Maxfield

HOOD, Associate Judge. Plaintiff became a tenant in defendant's apartment house on November 1, 1941. In the early part of
1943, he placed in a storage room in the basement of the apartment house a box containing certain wearing apparel. Approximately
eighteen months after putting the box in storage the tenant asked for the return of the box, examined its contents and found
them intact, and then returned the box to the storage room. On or about October 1, 1945, the tenant again asked for the box
but, although a diligent search of the storage room was made, the box could not be found. The tenant filed an action for the
value of the items in the box. At the time of the loss of the box, and apparently throughout his tenancy, the tenant's lease contained the following provision: