Whitney v. First National Bank
Supreme Court of Vermont
Case for negligence in keeping certain U. S. bonds. Plea, general issue. Trial by jury, March Term, 1881, Taft, J., presiding. Verdict for the plaintiff to recover $7,149.89. The facts in this case are sufficiently stated in the opinion of the court, and in the 50 Vt. R. 388, where this case is reported, except the following request by the defendant and charge to the jury.
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Case for negligence in keeping certain U. S. bonds. Plea, general issue. Trial by jury, March Term, 1881, Taft, J., presiding. Verdict for the plaintiff to recover $7,149.89. The facts in this case are sufficiently stated in the opinion of the court, and in the 50 Vt. R. 388, where this case is reported, except the following request by the defendant and charge to the jury. The defendant requested the court to charge the jury : “ 11. Upon the gratuitous bailment existing the defendant is only liable for gross negligence in the keeping of the bonds whereby they were lost. “ 12. And if the jury…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is an action on the case, charging the defendant with negligence and want of care in keeping $4000 of U. S. bonds as a special deposit, a’nd by which negligence said bonds were lost. The defendant executed and delivered to the plaintiff, on delivery of the bonds, the following contract or receipt:
“ The National Bank of Brattleboro, Brattleboro, Yt., July 23d, 1866. Received of J. D. Whitney, four thousand dollars for safe keeping, as a special deposit. S. M. Waite, C.”
The written contract states the understanding of the parties, and by…
2Cases cited1 opinion
- Railroad Co. v. SchutteSupreme Court of the United States · 1879
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- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Gray v. MerriamIllinois Supreme Court · 1893
- Davis v. Tribune Job-Printing Co.Supreme Court of Minnesota · 1897
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