Drake v. White
Massachusetts Supreme Judicial Court
CONTRACT upon the following agreement, signed by .the defendants : “ Boston, October 22, 1872. Received of John E. Drake one Morris & Ireland fire proof safe, which Ve promise to deliver the same to said Drake, or its equivalent in money, on payment of a certain note signed by said Drake, dated October 22,1872, payable in four months from date, for the sum of $276.68.” Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows :…
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CONTRACT upon the following agreement, signed by .the defendants : “ Boston, October 22, 1872. Received of John E. Drake one Morris & Ireland fire proof safe, which Ve promise to deliver the same to said Drake, or its equivalent in money, on payment of a certain note signed by said Drake, dated October 22,1872, payable in four months from date, for the sum of $276.68.” Trial in the Superior Court, before Putnam, J., who allowed a bill of exceptions in substance as follows : The plaintiff purchased leather of the defendants, giving them his note for the price thereof, and, to secure the…
1Opinion of the CourtAmes, J.
This is a case of a deposit of personal property by a debtor in the hands of a creditor as collateral security for the debt. If it presented merely the ordinary incidents of a pledge, it would be manifest that the action could not be maintained. The destruction of the property is conceded to have been accidental, without fault or neglect of duty on the part of the defendants.
But the claim of the plaintiff is, that the transaction differs widely from an ordinary pledge, and he contends that, by the terms of a written contract, the defendants have taken upon themselves a special liability of a…
2Cited by21 opinions
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- Yankton Sioux Tribe of Indians v. United StatesSupreme Court of the United States · 1926
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Rosenthal v. PerkinsCalifornia Supreme Court · 1898
- Seevers v. GabelSupreme Court of Iowa · 1895
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