Dancy v. Phelan
Supreme Court of Georgia
Actions. Demand. Bailments. Futures. Debtor and creditor. Amendment. Trusts. Public policy. Before Judge Yan Epps. City court of Atlanta. March term, 1888. Dancy sued Phelan, doing business as S. H. Phelan, manager,, alleging an indebtedness by Phelan to him tí'f $3,516.25, besides interest.
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Actions. Demand. Bailments. Futures. Debtor and creditor. Amendment. Trusts. Public policy. Before Judge Yan Epps. City court of Atlanta. March term, 1888. Dancy sued Phelan, doing business as S. H. Phelan, manager,, alleging an indebtedness by Phelan to him tí'f $3,516.25, besides interest. The declaration alleges that Phelan, during the present year and before, has conducted, and is now conducting in Atlanta and in other cities, a business commonly known as a “ bucket-shop,” wherein Phelan received as margins from his customers, .plaintiff being one, deposits of money to be used by Phelan…
1Opinion of the Court
Bleckley, Chief Justice.
1. When one deposits money with another to be used *246in illicit commerce, the transaction is pure as a mere bailment for custody and preservation of the money, but for nothing else. Whilst the illegal instructions are unrevoked, there is no duty to account or pay ever, nor any relation of debtor and creditor. The bailee is a mere stakeholder. When the instructions are revoked, there is still no duty to pay over the money immediately, but only upon demand. Generally, a mere passive custodian, whether as bailee or as agent, is not subject to action until after demand and…
2Cited by2 opinions
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- McLennan v. WhiddonSupreme Court of Georgia · 1904