Legal Opinion

Donlan v. Clark

Nevada Supreme Court

Decided April 5, 1896No. 1465PublishedCited by 7 opinions

Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Action by J. H. Donlan against A. J. Clark. From a judgment for plaintiff, defendant appeals. In March, 1894, the plaintiff left with the defendant, a hotel keeper at Reno, Nevada, a trunk full of masquerade costumes and masks, in pledge for the payment of a board bill of $17, upon the agreement that, when the money was paid, they were to be sent to him, as he might direct.

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Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Action by J. H. Donlan against A. J. Clark. From a judgment for plaintiff, defendant appeals. In March, 1894, the plaintiff left with the defendant, a hotel keeper at Reno, Nevada, a trunk full of masquerade costumes and masks, in pledge for the payment of a board bill of $17, upon the agreement that, when the money was paid, they were to be sent to him, as he might direct. The money was paid in January, 1895, and in the following October the trunk was sent to the plaintiff at San Francisco,…

1Opinion of the Court

By the Court,

Bigelow, C. J.

(after stating the facts):

When a bailee, either for hire or gratuitous, is entrusted with the care and custody of goods, it is his duty to return them at the end of the bailment or account for their loss, and show that it happened without legal negligence upon his part. If he fails to do either, the presumption is that they have been converted by him or lost through his negligence, and he is responsible for them. (Beardslee v. Richardson, 11 Wend. 25; Logan v. Mathews, 6 Pa. St. 417; Wiser v. Chesley, 53 Mo. 547; Cumins v. Wood, 44 Ill. 416; Murray v. Clarke, 2…

2Cases cited5 opinions

  1. Cumins v. WoodIllinois Supreme Court · 1867
  2. Wiser v. ChesleySupreme Court of Missouri · 1873
  3. Arent v. Squire & JohnsonNew York Court of Common Pleas · 1863
  4. Boies v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1870
  5. Murray v. ClarkeNew York Court of Common Pleas · 1866

3Cited by7 opinions

  1. Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
  2. Mills v. Continental Parking CorporationNevada Supreme Court · 1970
  3. Alamo Airways, Inc. v. BenumNevada Supreme Court · 1962
  4. Hildebrand v. CarrollWisconsin Supreme Court · 1900
  5. Manhattan Fire & Marine Ins. v. Grand Central GarageNevada Supreme Court · 1932

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