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Outlines of the Law of Bailments and Carriers / by Edwin C. Goddard

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Outlines of the Law of Bailments and Carriers / by Edwin C. Goddard § 40. 41 42 43. 44 45. 46. PART II. PART II. OF ORDINARY BAILMENTS. I. OF GRATUITOUS BAILMENTS. OF ORDINARY BAILMENTS. CHAPTER III. A. OF GRATUITOUS SERVICES. Classification. I. OF GRATUITOUS BAILMENTS. A. Gratuitous Services. Deposits and mandates com- pared. -—Comparison with Latin CHAPTER III. depositum and mandatum. The general principles of A. OF GRATUITOUS SERVICES. bailments apply. Division of the subject. § 40. Classification. § 47. Involuntary deposits. 1. Nature of deposits and mandates. A. GratuitOUB Services. e. Rights and duties of the No compensation. 41. Deposits and mandates com­ parties. Special bank deposits. pared. 48. Diligence. § 47. 49. --Same care as of one '11 - 48. 42. Comparison with Latin own. 49 depositmn mandatum. and 50. --Special skill. 50 43. The general principles of 51. --Facts e qua11 y within 51 52 bailments apply. knowledge of both parties. -- 53. 44. Division of the subject. 52. Misfeasance and nonfeas· 54 ance. 1. Nature of deposits and Involuntary deposits. 53. Right to use. 2. Rights and duties of the mandates. S. Termination of the rela­ parties. 45. No compensation. tion. Diligence. 46. Special bank deposits. 54. Special rules. Same care as of one’s own. iSpecial skill. § 40. Classiftea.tion.-There are two classes of gratuitous ‘Facts equally within bailments- knowledge of both parties. A. Gratuitous services by the bailee, or bailments for the sole iMisfeasanee and nonfcas- ance. benefit of the bailor, including Right to use. 1. Deposits, which are gratuitous bailments of goods 3. Termination of the rela- tion. for custody or safe keeping, and Special rules. 2. Mandates, which are bailments of goods for the . performance of some service upon them by the § 40. Glassifica.tion.—There are two classes of gratuitous bailments—- bailee gratuitously. A. Gratuitous services by the bailee, or bailments for the sole B. Gratuitous loans by the bailor, which is the Roman com­ benefit of the bailor, including modatum, a bailment of a chattel for use by the bailee 1. Deposits, which are gratuitous bailments of goods for custody or safe keeping, and gratis. 2. Mandates, which are bailments of goods for the performance of some service upon them by the § 40.[-) Gray v. Merriam, 148 Ill. 179, 35 N. E. R: 8101 39 Am. St. R. bailee gratuitously. 172. B. Gratuitous loans by the bailor, which is the Roman com- 2 17 modatum, a bailment of .a chattel for use by the bailee gratis. §40.[—] Gray v. Merriam, 148 Ill. 179, 35 N. E. R. 810, 39 Am. St. R. 172. 2 17 Generated for facpubupdates (University of Michigan) on 2014-06-17 15:27 GMT / http://hdl.handle.net/2027/mdp.35112203440492 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google §§ 41-43 OF GRATUITOUS BAILMENTS. IV/1 6/I3 pl; 1-43 OF GRATUITOUS BAILMENTS. A. OF GRATUITOUS SERVICES. A. Or (}a.\TuITOos SERVICES. §41. Deposits and mandates compared.—The bailor who § 41. Deposits and mandates compared.-The bailor who makes a deposit is called a depositor, his bailee, the depositary. makes a deposit is called a depositor, his bailee, the depositary. In mandates the corresponding parties are called the mandator and mandatory. In mandates the corresponding parties are called the mandator Formerly, the two bailments were separately treated. The and mandatary. deposit was said to consist in custody, the mandate in feasance. Formerly, the two bailments were separately treated. Tlie But in fact, both custody and service of some sort are in- volved in each bailment, and hence the obligations of the deposit was said to consist in custody, the mandate in feasarice. parties are subject substantially to the same rules. The only But in fact, both custody and service of some sort are in­ distinction is one of emphasis. In deposits custody is the volved in each bailment, and hence the obligations of the chief purpose, feasance is incidental. In mandates service is primary, custody the incident. parties are subject substantially to the same rules. The only §42. Comparison with Latin depositum and mandatum.- distinction is one of emphasis. In deposits custody is the The term deposit is, unfortunately, one of varied meanings. chief purpose, feasance is incidental. In mandates service is The ordinary or general bank “deposit” creates the relation of debtor and creditor, and is not a bailment at all. What primary, custody the incident. bankers call “special deposits” are bailments, but only those for which the bank charges no compensation belong to the § 42. Comparison with Latin depositum and mandatum.­ bailment known as a deposit. The word is derived from the The term deposit is, unfortunately, one of varied meanings. Latin depositnm, but the depositum of the Roman law was of broader application, and involved distinctions of no conse- The ordinary or general bank ''deposit'' creates the relation quence in our law. _ of debtor and creditor, and is not a bailment at all. What The term mandate is equally indefinite and varied in its bankers call ''special deposits'' are bailments, but only those meaning. See the word “mandate” in a law dictionary. The Roman mandatum, from which our word is borrowed, includes for which the bank charges no compensation belong to the any gratuitous agency, bailment or other. bailment known as a deposit. The word is derived from the §43. The general principles of bailments, already noted, Latin depositum, but the depositum of the Roman law was of are applicable to gratuitous bailments. The essentials of a contract as to competent parties, assent, and subject-matter, broader application, and involved distinctions of no conse- call for no special notice here. As already seen (§ 18), the quence in our law. consideration in gratuitous bailments is the detriment to the The term mandate is equally indefinite and varied in its promisee, who by the undertaking of the promisor is prevented from securing the desired benefit at the hands of another. meaning. See the word "mandate" in a law dictionary. The §41. Story, Bailments & Car- §43. [—] Coggs v. Bernard, 2 Roman mandatum, from which our word is borrowed, includes riers, § 140. Ld. Raymond 909, 1 Sm. Lead. Cas. §42. Story, Bailments & Car- 199. any gratuitous agency, bailment or other. riers, §§ 44, 45, 84, 88; Schouler, Bailments & Carriers, § 26, note. § 43. The genera.I principles of bailments, already noted, 18 are applicable to gratuitous bailments. The essentials of a contract as to competent parties, assent, and subject-matter, call for no special notice here. As already seen (§ 18), the consideration in gratuitous bailments is the detriment to the promisee, who by the undertaking of the promisor is prevented from securing the desired benefit at the hands of another. § 41. Story, Bailments & Car· § 43. [ - ] Coggs v. Bernard, 2 riers, § 140. Ld. Raymond 909, 1 Sm. Lead. Cas. § 42. Story, Bailments & Car­ 199. riers, §§ 44, 45, 84, 88 ; Sebouler, nailments & Carriers, § 261 note. 18 Generated for facpubupdates (University of Michigan) on 2014-06-17 15:27 GMT / http://hdl.handle.net/2027/mdp.35112203440492 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google OF GRATUITOUS SERVICES. §§ 44-47 OF GRATUITOUS SERVICES. §§ 44-47 §44. Division of the subject.-—In the following sections principles which apply particularly to bailments of gratuitous § 44. Division of the subject.-In the following sections services will be considered as follows: 1. The nature of the relation. 2. Its resulting rights and duties. 3. Its termina- principles which apply particularly to bailments of gratuitous tion. services will be considered as follows : 1. The nature of the 1. Nature of Deposits and Mandates. relation. 2. Its resulting rights and duties. 3. Its termina­ §45. No compensation.-—It is the absence of any recom- pense, direct or indirect, that marks this class of bailments. tion. Any legal benefit to the promisor, even though an indirect one, 1. Nature of' Deposits and Mandates. takes the bailment out of this class, and makes it a mutual benefit bailment. It is not strange, therefore, that the cases arising in this class of bailments are comparatively few. § 45. No compensation.-It is the absence of any recom­ §46. Special bank deposits.——Banks frequently receive for pense, direct or indirect, that marks this class of bailments. deposit in their safes boxes or packages containing the money Any legal benefit to the promisor, even though an indirect one, or other valuables of favored individuals. For this the bank receives no compensation, it has no right to use or even ex- takes the bailment out of this class, and makes it a mutual amine the contents, and upon demand of the depositor must benefit bailment. It is not strange, therefore, that the cases return the specific valuables in bulk as they were deposited. arising in this class of bailments are comparatively few. These special deposits form no part of the bank’s regular business, and no bank ofi‘icer has any authority to bind the § 46. Special bank deposits.-Banks frequently receive for bank to such a bailment without the expressed or implied as- deposit in their safes boxes or packages containing the money sent of the directors. It is settled by the weight of authority that where a cashier or other officer is known by the directors or other valuables of favored individuals. For this the bank to be in the habit of receiving such deposits, the bank is a receives no compensation, it has no right to use or even ex­ gratuitous bailee of all special deposits so received. The amine the contents, and upon demand of the depositor must contract is not ultra vires even in the case of national banks. §47. Involuntary deposits arise when through flood or return the specific valuables in bulk as they were deposited.
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