Mariner v. Smith

In 1866 ~W. D. Smith deposited with E. J. Mar*424iner $900 in gold, to be sold if the premium should rise to fifty per cent, before Smith’s return from Mississippi in about ten days, and if not to be handed back upon his return. He was gone about ten days, and on his return found that gold had risen to fifty per cent., and that in his absence the deposit bad been stolen from Mariner’s safe in which it was made.

This suit was brought in the Circuit Court of Tip-ton county by Smith to recover of Mariner the value of the $900 in gold so deposited and lost. A judgment was rendered in favor of Smith,…