Fulton v. Alexander
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. The defendant being about to leave Indianola, for New Orleans, received from the plaintiff a package containing $540) to be delivered in the latter city free of charge to one Hays, an attorney at law.
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. The defendant being about to leave Indianola, for New Orleans, received from the plaintiff a package containing $540) to be delivered in the latter city free of charge to one Hays, an attorney at law. When he arrived at New Orleans, finding the yellow fever prevailing as an epidemic to such an-extent that it was considered dangerous for him to remain in the city, he deposited his own money with a commercial firm, J. W. Dodd & Co., of good standing, with which he was in the habit of doing business, and also delievered to them the…
1Opinion of the CourtWheeler, J.
This was a bailment in which the defendant, the bailee, was to perform the service of carrying and paying over the money to the person for whom it was intended without receiving any compensation for his trouble and care. His services were wholly gratuitous. They were not officiously proffered by him, but were sought by the plaintiff for his own exclusive benefit. It was that species of bailment which is called in the civil law mandatum, and by Sir William Jones and Mr. Justice Story, in treating of the Common Law upon that subject, a mandate. And as respects the diligence which the mandatary…
2Cited by5 opinions
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