Federal Insurance v. Lindsley

While the dismissal of the complaint seems warranted by the opinion in Claflin v. Meyer (75 N. Y. 260), it was subsequently held in Ouderkirk v. Central National Bank (119 id. 263) that the burden of showing the circumstances of the loss of the property rests upon the bailee, and unless the evidence shows the exercise of due care by him according to the nature of the bailment he will be held responsible for the breach of his contract to return the property bailed; and in Stewart v. Stone (127 N. Y. 500) that the prima facie case made out by failure to return the property bailed on demand may…