Graves v. Ticknor
Superior Court of New Hampshire
This was an action of assumpsit. There were three counts in the plaintiff’s declaration. The first count alleged that the defendant received of the plaintiffs the sum of $114, to be delivered by him to one Daniel Oolt within three days, and that the defendant so negligently, and carelessly conducted with said money that the same became wholly lost to the plaintiffs.
Read the full summary
This was an action of assumpsit. There were three counts in the plaintiff’s declaration. The first count alleged that the defendant received of the plaintiffs the sum of $114, to be delivered by him to one Daniel Oolt within three days, and that the defendant so negligently, and carelessly conducted with said money that the same became wholly lost to the plaintiffs. The second count, alleged that the defendant engaged to pay over the money within a reasonable time, but liad neglected to pay the same, within such time, whereby he became liable in law to account for the same to the plaintiffs,…
1Opinion of the Court
The opinion of the court was delivered by
Upham, J.*
This is a case of a bailment of money to be delivered by the bailee, without reward. The bailee, in such cases, is liable for what is termed gross negligence, which consists in the omission of that care which bailees, without hire, of common prudence, are accustomed to take of properly of the like description. Tracy v. Wood, 3 Mason’s Rep. 132,
Every bailee, of this description, is bound to render, upon request, a full account of his proceedings to show that the trust has been duly performed, or, tí' it has not been performed, to offer a…
2Cases cited6 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Thorne v. DeasNew York Supreme Court · 1809
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Robinson v. BurleighSuperior Court of New Hampshire · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Copeland v. AndersonCourt of Civil Appeals of Oklahoma · 1985
- Hardy v. CorlisSuperior Court of New Hampshire · 1850