Gray v. Merriam
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on writ" of error to the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ" of error to the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. The following is a statement of the facts in this case as made by the Appellate Court in the opinion rendered by that Court: “This is a suit brought'by the defendant in error, Willard D. Merriam, against Elisha Gray, plaintiff in error, and Samuel A. Kean, surviving partners of the firm of Preston, Kean & Co., to recover the value of fifteen United States four per cent bonds, for $1000 each, claimed to have been left…
1Opinion of the CourtJustice Magruder
The main error assigned is the giving of the first instruction given by the trial court for the plaintiff. It is claimed by plaintiff in error, that the defendant bankers were gratuitous bailees, holding the bonds in controversy as a special deposit for safe-keeping without reward. The general rule is, that a gratuitous bailee is liable only for gross negligence. (Story on Bailments, secs. 62 and 79—9th ed.; Schouler’s Bailments and Carriers,—2d ed.—see. 35; Skelley v. Kahn, 17 Ill. 170.) The instructions for both plaintiff and defendants require the jury to find, that the defendants were…
2Cases cited7 opinions
- National Bank v. GrahamSupreme Court of the United States · 1880
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Preston v. PratherSupreme Court of the United States · 1891
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
- Whitney v. First National BankSupreme Court of Vermont · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Cussen v. Southern California Savings BankCalifornia Supreme Court · 1901
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Taylor v. PegramIllinois Supreme Court · 1894
- Maddock v. RiggsSupreme Court of Kansas · 1920
18 more not listed; retrieve them via the Exa API.