Tombler v. Koelling
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellee had been bathing at the bath house owned by appellant Tombler, in the city of Hot Springs, for about three weeks, depositing his watch, chain, a railroad ticket and money at the bath house office daily with appellant Clark, and receiving a metallic check from Clark, the superintendent or manager of the bath house; when one day, depositing these articles as usual with Clark, he…
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. The appellee had been bathing at the bath house owned by appellant Tombler, in the city of Hot Springs, for about three weeks, depositing his watch, chain, a railroad ticket and money at the bath house office daily with appellant Clark, and receiving a metallic check from Clark, the superintendent or manager of the bath house; when one day, depositing these articles as usual with Clark, he received a check for them, which he put in a pocket in his clothes, entered the bath house, disrobed, hung his clothes…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) This is a case of bailment for a consideration received by the bailee, who was bound to exercise ordinary care and diligence to preserve and restore the property delivered by the bailor to the bailee, or to some one who was authorized by the bailor to receive it. The property was not so delivered by the bailee, but was delivered to another, who was not authorized to receive it. The bailee knew the bailor and his property w;ell, and testified : ‘‘If I had looked at the party who presented the check, I would have known he was not entitled to the package.”…
2Cited by3 opinions
- Bertig v. NormanSupreme Court of Arkansas · 1911
- Walpert v. BohanSupreme Court of Georgia · 1906
- Christensen v. DadySupreme Court of Arkansas · 1964