Riggs v. Bank of Camas Prairie
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge Presiding. Action to recover value of personal property. Judgment for plaintiff. Defendant appeals. A mere depositary without any special undertaking, and without reward, is not answerable for the loss of the goods deposited, except in case of gross negligence. (Foster v. President etc. of Essex Bank, 17 Mass. 479, 9 Am. Dec. 168; Whitney v. First Nat.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge Presiding. Action to recover value of personal property. Judgment for plaintiff. Defendant appeals. A mere depositary without any special undertaking, and without reward, is not answerable for the loss of the goods deposited, except in case of gross negligence. (Foster v. President etc. of Essex Bank, 17 Mass. 479, 9 Am. Dec. 168; Whitney v. First Nat. Bank, 55 Yt. 154, 45 Am. Rep. 598; First Nat. Bank v. Graham, 100 TJ. S. 699, 25 L. ed. 750; Smith v. First Nat. Bank, 99 Mass.…
1Opinion of the CourtDunn, J.
This is an action to recover the value of certain personal property alleged to have been left by the plaintiff in the custody of the defendant about the 12th of August, 1916, said property being of the alleged value of $6,893.50, including $702 in money. The answer denies the receipt by the defendant of any of the property set out in the complaint.
A jury having been waived, the case was tried before the court, who found that the property described in the complaint was delivered to the defendant and that its value was as follows: Lawful money of the United States, $702; one gold ring, $10; one…
2Cases cited5 opinions
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
- Bertig v. NormanSupreme Court of Arkansas · 1911
- Copelin v. Berlin Dye Works & Laundry Co.California Supreme Court · 1914
- Belknap v. National Bank of North AmericaMassachusetts Supreme Judicial Court · 1868
- Sawyer v. Old Lowell National BankMassachusetts Supreme Judicial Court · 1918
3Cited by6 opinions
- D. A. Schulte, Inc. v. North Terminal Garage Co.Massachusetts Supreme Judicial Court · 1935
- Stoll v. Almon C. Judd Co.Supreme Court of Connecticut · 1927
- Peet v. the Roth Hotel Co.Supreme Court of Minnesota · 1934
- Ampco Auto Parks, Inc. v. WilliamsCourt of Appeals of Texas · 1974
- Mickey v. Sears, Roebuck & Co.Court of Appeals of Maryland · 2001
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