St. Losky v. Davidson
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The plaintiffs brought their action for damages for injuries occurring to certain cases of cigars, pledged to defendants as security for a loan, by the negligence of defendants in storing the same. The facts of the case are as follows : |v The plaintiff pledged to defendants a lot of cigars to secure certain notes.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District. The plaintiffs brought their action for damages for injuries occurring to certain cases of cigars, pledged to defendants as security for a loan, by the negligence of defendants in storing the same. The facts of the case are as follows : |v The plaintiff pledged to defendants a lot of cigars to secure certain notes. The written memorandum, signed by the plaintiff, contained the following words: “We have this day delivered, as collateral security for the above note, to the said Emanuel Berri, eighty-two eases of cigars, who has…
1Opinion of the Court
Mr. Justice Terry, after stating the facts, delivered the opinion of the Court.
Mr. Chief Justice Murray concurred.
A pledge is a bailment which is reciprocally beneficial to both parties. The law therefore requires of the pledgee the exercise of ordinary diligence in the care and custody of the goods pledged, and he is responsible for ordinary negligence. Story on Bailments, §§ 323, 332; Smith’s Lead. Ca., 251, 258. What will amount to ordinary negligence must depend on the circumstances of the transaction, and the character of the pledge. In general, it may be defined to be the neglect to…
2Cited by4 opinions
- Wiley v. LockeSupreme Court of Kansas · 1909
- Jacobs v. GrossmanIllinois Supreme Court · 1923
- Langendorf Clothing Co. v. FaraAppellate Court of Illinois · 1933
- Lunn v. LepperUnited States District Court · 1935