Hale v. Rawallie
Supreme Court of Kansas
Error from Dams District Gowrt. Ered Rawallie, defendant in error, brought suit against Ili/ram F. Hale and Elliot W. JRice, to recover $15,000 deposited by him with them on the 25th of March, 1868, and so carelessly and negligently kept by them that it was wholly lost to him. Plaintiffs in error were-bankers in Junction City, and received a package containing the money as a special deposit to be kept over night.
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Error from Dams District Gowrt. Ered Rawallie, defendant in error, brought suit against Ili/ram F. Hale and Elliot W. JRice, to recover $15,000 deposited by him with them on the 25th of March, 1868, and so carelessly and negligently kept by them that it was wholly lost to him. Plaintiffs in error were-bankers in Junction City, and received a package containing the money as a special deposit to be kept over night. The package was placed in the safe, but in the vault of the safe. During the night the money was taken away, and no trace of it ever afterwards obtained. Upon a second trial in the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:] Diligence gratuitoifs ’ Mees. The transaction between the parties amounted to a bailment^ one of that species known as a deposit which is defined to be “ a naked bailment of goods to be kept for the bailor without reward, and to be returned when he shall require it.” The bailment was for the benefit of the bailor. Under these circumstances what obligations as to care and diligence rested upon the bailees, and what amount of negligence would cast the responsibility for loss upon them? Writers divide both negligence and diligence into three…
2Cases cited2 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Campbell v. StateSupreme Court of Kansas · 1866
3Cited by7 opinions
- Merchants National Bank v. GuilmartinSupreme Court of Georgia · 1892
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889
- Mellon Nat. Bank v. Citizens Bank & Trust Co. of CamdenCourt of Appeals for the Eighth Circuit · 1937
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- Bloomheart v. FosterSupreme Court of Kansas · 1923
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