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08/02/83 DUNN MERCANTILE & LOAN COMPANY v. JAMES L.

August 2, 1983

DUNN MERCANTILE & LOAN COMPANY, DEFENDANT/APPELLANT,
v.
JAMES L. GRUBBS, PLAINTIFF/RESPONDENT.



From the Circuit Court of St. Louis County; Civil Appeal; Judge Anna Forder.

Before Crist, P.j., Turnage, Sp.J., Manford, Sp.J., Wiesman, Sp.J.

The opinion of the court was delivered by: Turnage

James L. Grubbs filed suit against Dunn Mercantile and Loan Company for the value of a gold bracelet which Grubbs had delivered to Dunn as a pledge for the repayment of $2,000. The court entered judgment in favor of Grubbs in the amount of $6,750 and Dunn has appealed.

On this appeal, Dunn contends that the contract between the parties excluded its liability for non-delivery of the bracelet, and that because the bracelet had been taken in an armed robbery, Dunn was not liable for the nondelivery. Affirmed.

The facts in this case were stipulated. This stipulation, together with the deposition of Charles Dunn, constituted all of the evidence.

In November of 1980, Grubbs took a gold bracelet to Dunn and obtained a loan of $2,000, which was to be repaid 30 days thereafter, along with the sum of $40 as interest. Dunn had Grubbs sign a short agreement, which read as follows:

St. Louis, Nov 14, 1980 42258

Pledged with Dunn Mercantile & Loan Co., as security for a loan, due and payable 30 days after date, for the sum of $2,000. The following property, to-wit:

Interest $40

22 Gold Brac.

6219 Pennsylvania

Signature /s/ James Grubbs

The conditions described on the reverse side of this receipt constitute a part of the loan contract. The agreement signed by Grubbs was one of five contained on a single sheet. On its left side the sheet had holes, apparently designed to accommodate a loose leaf binder. On the back of the sheet containing the five agreements and opposite each agreement on the front page, the following passage was printed:

As no charge is made to cover insurance or storage the Company will not be liable for any loss of or damage to the pledge from rust, fire or water, ...


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