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Old 09-26-2004, 06:53 PM
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Default PSA FOUND LIABLE FOR LOSING RARE T206 MAGIE ERROR CARD

Posted By: warshawlaw

Dan testified he put the card in the box with the other order and shipped it to PSA. We showed the judge the card image and the receipt the seller gae Dan for the card. PSA admitted they received the box in good shape and undamaged. The crux of the case was their lack of security cameras, etc., to create a record of what happened to the box after they received it. Combine that with their lack of any credible evidence from the receiver (who could not remember squat about the box or how she handled it but was still sure it was empied regardless), and the evidence showed delivery of the card to PSA its loss there. As a company taking charge of your cards to perform a service for compensation then return them, PSA is a bailee for hire and has a duty to care for and not lose or damage your stuff.

I do not believe it was stolen, BTW; I believe she missed the second order and the Magie is sadly buried in a landfill somewhere.

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