Bohmont v. Moore

I agree with the majority that this is an action “to recover damages for the breach of a bailment contract.” I agree that plaintiff alleged that the defendant bank and its officers were negligent in not properly caring for and protecting the money which plaintiff alleges he placed *97in the safety deposit box which he rented from the defendant bank. I agree that plaintiff considered that negligence was an “essential element” of the case. I disagree with their conclusion that because of the allegation as to negligence the action was not “one in contract.” This conclusion is based on the fact that…