Jenkins v. Bacon
Massachusetts Supreme Judicial Court
CONTRACT with counts in tort. The first three counts were in contract. The first alleged that the plaintiff intrusted to the de« fendant a United States bond for $500, to be kept for the benefit of the plaintiff until called for ; that the defendant agreed so to keep it and to deliver it to the plaintiff on demand, in consideration of services which had been rendered by the plaintiff to the defendant; and that the plaintiff demanded it and the defendant neglected and refused…
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CONTRACT with counts in tort. The first three counts were in contract. The first alleged that the plaintiff intrusted to the de« fendant a United States bond for $500, to be kept for the benefit of the plaintiff until called for ; that the defendant agreed so to keep it and to deliver it to the plaintiff on demand, in consideration of services which had been rendered by the plaintiff to the defendant; and that the plaintiff demanded it and the defendant neglected and refused to deliver it. The second count was for money had and received, with a specification that it was for cash intrusted to…
1Opinion of the CourtAmes, J.
In that class of bailments described in the *ext books under the title of “ deposits,” the obligation of the bailee is that he will keep the thing deposited with reasonable care, and that he will upon request restore it to the depositor, or otherwise deliver it according to the original trust. According to the well settled rule, the bailee who acts without compensation can only be held responsible for bad faith, or gross negligence, if the deposit should be lost or injured while in his custody. Whitney v. Lee, 8 Met. 91. Foster v. Essex Bank, 17 Mass. 479. Except as to the degree of diligence…
2Cases cited4 opinions
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Rutgers v. LucetNew York Supreme Court · 1800
- Stewart v. FrazierSupreme Court of Alabama · 1843
3Cited by20 opinions
- Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
- Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
- Byer v. Canadian Bank of CommerceCalifornia Supreme Court · 1937
- Kaarela v. BirkheadMassachusetts Appeals Court · 1992
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
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