Davison v. Alaska Banking Co.
District Court, D. Alaska
In this case the plaintiff (bailor) sues the defendant (bailee) for conversion relative to a package of money sent to defendant for deposit. Some time in December, 1916, or January, 1917, the exact date is immaterial, the plaintiff mailed a package of money, at Taylor, Alaska, addressed to the defendant, the Alaska Banicing & Safe Deposit Company, at Nome, Alaska, which package of money according to prevailing evidence was intended for general deposit.
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In this case the plaintiff (bailor) sues the defendant (bailee) for conversion relative to a package of money sent to defendant for deposit. Some time in December, 1916, or January, 1917, the exact date is immaterial, the plaintiff mailed a package of money, at Taylor, Alaska, addressed to the defendant, the Alaska Banicing & Safe Deposit Company, at Nome, Alaska, which package of money according to prevailing evidence was intended for general deposit. Subsequently and prior to ‘February 16, 1917, plaintiff came to> Nome and on or about February 9 went to defendant’s bank to inquire as to the…
1Opinion of the Court
TUCKER, District Judge.
Immediately on the receipt of the money by said defendant and its failure to place it to the credit of plaintiff, but holding it intact, the relation of bailor and bailee was created between plaintiff and said defendant. Upon demand for the package by the plaintiff and refusal by said defendant, this cause of action arose, several days prior to the institution of the action by Freeding’s administrator heretofore referred to for the • recovery of the package of money. It seems to me, according to the plain rules of pleading, that, inasmuch as the cause of action accrued…
2Cases cited5 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Spalding v. PeopleIllinois Supreme Court · 1898
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Kohn v. RichmondSupreme Court of South Carolina · 1892
- State v. RigallSupreme Court of Missouri · 1902
3Cited by1 opinion
- Investment Service Co. v. O'BRIEN AND WEST COAST TERMINALS, INC.Oregon Supreme Court · 1950