Williams v. Rogers
Court of Appeals of Kentucky
Case 54 — PETITION EQUITY APPEAL FROM MERCER COMMON PLEAS COURT. 1. A deposit is a naked bailment of goods to be kept without reward, and to be returned when required.
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Case 54 — PETITION EQUITY APPEAL FROM MERCER COMMON PLEAS COURT. 1. A deposit is a naked bailment of goods to be kept without reward, and to be returned when required. (Jones on Bailments, 36, 117.) If the deposit is with a banker, he returns not the specific money deposited, but the same sum. 2. The agreement of E. Hutchison & Co. to pay the depositors in the Savings Institution did not release the institution from liability, and therefore not being in writing, the undertaking of E. H. & Co. was unenforcible. (Waggener v. Bell, 4 Mon. 8, 9.) It was not necessary to raise this question in the…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
In April, 1867, the Savings Institution of Harrodsburg, incorporated and doing a general banking business, sold and transferred its assets to the private banking-house of E. Hutchison & Co., in consideration of which Hutchison & Co. assumed to pay all claims of depositors against the first-named *779institution. At the time of the transfer of the assets of the Savings Institution to Hutchison & Co. appellee had on deposit in that institution $2,500, upon which it had been agreed he should receive six per cent per annum, to be added to the principal.…
2Cases cited4 opinions
- Judge v. BraswellCourt of Appeals of Kentucky · 1877
- North v. RobinsonCourt of Appeals of Kentucky · 1863
- Rouse v. HowardCourt of Appeals of Kentucky · 1863
- Turnbow v. BroachCourt of Appeals of Kentucky · 1876
3Cited by17 opinions
- Thompson v. WhiteSupreme Court of Colorado · 1898
- Bryant v. JonesCourt of Appeals of Kentucky · 1919
- Hedges v. ShippTennessee Supreme Court · 1933
- New Bell Jellico Coal Co. v. SowdersCourt of Appeals of Kentucky · 1915
- Dorman, Banking Commissioner v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1932
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