Rubin v. Huhn
Massachusetts Supreme Judicial Court
Contract or tort for the value of a pair of diamond earrings, the declaration alleging in the first count, that the earrings were en~ trusted to the defendant who promised to return them and failed to do so, in the second count, that on September 15,1914, the defendant to whom the earrings had been entrusted refused to return them upon demand, in the third count, that on September 15, 1914, the defendant converted to his own use the earrings, which were of the value of $90,…
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Contract or tort for the value of a pair of diamond earrings, the declaration alleging in the first count, that the earrings were en~ trusted to the defendant who promised to return them and failed to do so, in the second count, that on September 15,1914, the defendant to whom the earrings had been entrusted refused to return them upon demand, in the third count, that on September 15, 1914, the defendant converted to his own use the earrings, which were of the value of $90, and in the fourth count that the defendant owed the plaintiff $90 according to an account annexed. Writ in the Municipal…
1Opinion of the CourtPierce, J.
The defendant assumed at most the obligation of a gratuitous bailee when, in the lobby of a theatre crowded with people, he received from one Wyner a pair of diamond earrings in a box and at the request of Wyner then and there undertook to inspect, examine and appraise them without reward. Foster v. Essex Bank, 17 Mass. 479. The duty which the law imposes on gratuitous bailees is that the bailee shall act in good faith, that is, *129shall use the degree of care in the performance of the undertalcing which is measured by the carefulness which the depository uses toward his own property of similar…
2Cases cited5 opinions
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Loanes v. GastMassachusetts Supreme Judicial Court · 1913
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Ideal Leather Goods Co. v. Eastern Steamship Corp.Massachusetts Supreme Judicial Court · 1915
- Brown v. PelonskyMassachusetts Supreme Judicial Court · 1912
3Cited by26 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- D. A. Schulte, Inc. v. North Terminal Garage Co.Massachusetts Supreme Judicial Court · 1935
- Rensch v. Riddle's Diamonds of Rapid City, Inc.South Dakota Supreme Court · 1986
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