Messerall v. Fulwider

Opinion

SIMS, J.

In this case, we discuss what a professional bailee should do when someone other than the bailor demands possession of the bailed property. We conclude that when the bailee is presented with reasonably compelling evidence demonstrating a third party is entitled to possession, the bailee must investigate the third party claim. At a minimum, the bailee should try to ask the bailor whether the property may be released to the third party. If the bailor consents, the bailee should release the property to the third party. If the bailee is unable to obtain the bailor’s consent, the…