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S932. A depositary for hire must use at least ordinary care for the preservation of the thing deposited.

S933. In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month's hire for the storage of any other property during any fraction of a half month.

This is believed to be the general usage, especially in the

city of New York.

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tion of

S934. In the absence of an agreement as to the Termina length of time during which a deposit is to continue, deposit it may be terminated by the depositor at any time. and by the depositary upon reasonable notice.

S935. Notwithstanding an agreement respecting Id the length of time during which a deposit is to continue, it may be terminated by the depositor, on paying all that would become due to the depositary in case of the deposit so continuing.

ARTICLE IV.

INNKEEPERS.

SECTION 936. Innkeeper's liability.

937. How exempted from liability.

er's lia

S936. An innkeeper is liable for all losses1 of, or Inn-keepinjuries to, personal property placed by his guests3 bility. under his care, unless occasioned by an irresistible superhuman cause, by a public enemy,5 by the negligence of the owner, or by the act of some one whom he brought into the inn."

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How ex empted from lia bility.

242; Gelley v. Clerk, Cro. Jac., 188; see Washburn v. Jones, 14 Barb., 193; McDonald v. Edgerton, 5 id.. 560; Berkshire Woolen Co. v. Proctor, 7 Cush., 417. McDonald v. Edgerton, 5 Barb., 560; Piper v. Manny,

21 Wend., 282; Clute v. Wiggins, 14 Johns., 175; Richmond v. Smith, 8 B. & C., 9; Burgess v. Clements, 4 M. & Selw., 306. The innkeeper is not responsible for goods which are not, in any proper sense, under his charge (Farnworth v. Packwood, 1 Stark, 249; Sneider v. Geiss, 1 Yeates, 34; Hawley v. Smith, 25 Wend., 642; see Burgess v. Clements, 4 M. & Selw., 306).

The liability of an innkeeper is regarded as the same as that of a common carrier, according to the weight of American authority (Hulett v. Swift, 42 Barb., 230; Piper v. Manny, 21 Wend., 282; Clute v. Wiggins, 14 Johns., 175; Shaw v. Berry, 31 Me., 478; Mateer v. Brown, 1 Cal., 221; see McDonald v. Edgerton, 5 Barb., 560; Richmond v. Smith, 8 B. & C., 9.) To the contrary, see Merritt v. Claghorn, 23 Vt., 177; Dawson v. Chamney, 5 Q. B., 164. 6 Purvis v. Coleman, 21 N. Y., 111; Armistead v. Wilde, 17 Q. B., 261; Burgess v. Clements, 4 M. & Selw., 306; Fowler v. Dorlon, 24 Barb., 384.

Calye's Case, 8 Co. Rep., 32.

S 937. If an innkeeper keeps a fireproof safe, and gives notice to a guest, either personally, or by putting up a printed notice in a prominent place in the room occupied by the guest, that he keeps such a safe, and will not be liable for money, jewelry, documents, or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his own acts contribute thereto, for any loss of, or injury to, such articles, if not deposited with him, and not required by the guest for present

use.

Laws 1855, ch. 421; Purvis v. Coleman, 21 N. Y., 111

ARTICLE V.

FINDING.

SECTION 938. Obligation of finder.

939. Finder to notify owner.

940. Claimant to prove ownership.
941. Reward, &c., to finder.

942. Finder may put thing found on storage.

943. When finder may sell the thing found.
944. How sale is to be made.

945. Surrender of thing to the finder.

946. Thing abandoned.

of finder.

$938. One who finds a thing lost, is not bound obligation to take charge of it, but if he does so, he is thenceforward a depositary for the owner,' with the rights and obligations of a depositary for hire.2

1 Isaac v. Clark, 2 Bulst., 306.

2 This section, and some of the ensuing ones, differ mate-
rially from the common law, under which the finder
is a gratuitous depositary. Mr. Justice STORY con-
sidered the law in this respect to be unsatisfactory,
and the commissioners have altered it, giving the
finder a reward, and holding him to a corresponding
accountability. This is more just to both parties.

to notify

S939. If the finder of a thing knows or suspects Finder who is the owner, he must, with reasonable diligence, owner. give him notice of the finding; and if he fails to do so, he is liable in damages to the owner, and has no claim to any reward offered by him for the recovery of the thing, or to any compensation for his trouble or expenses.

This provision is manifestly just, and is probably in
accordance with the present law.

S940. The finder of a thing may, in good faith, before giving it up, require reasonable proof of owner ship from any person claiming it.

Isaac v. Clark, 2 Bulst., 306.

Claimant to ership.

prove own

&c., to

$941. The finder of a thing is entitled to compen- Reward, sation for all expenses necessarily incurred by him ander. in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.

See Story Bailm., § 121 a; Nicholson v. Chapman, 2 H.
Bl., 254.

may put

$942. The finder of a thing may exonerate him- Finder self from liability at any time, by placing it on thing

found on storage.

When

finder may sell the thing found

How sale is to be made.

Surrender of thing to the finder

Thing abandoned.

storage with any responsible person of good character, at a reasonable expense.

It does not seem just to compel the finder to keep the property in his own charge. On the other hand, he should not be allowed to put the loser to unnecessary expense.

S943. The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found, or, being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:

1. When the thing is in danger of perishing, or of losing the greater part of its value; or,

2. When the lawful charges of the finder amount to two-thirds of its value.

This provision is new.

S 944. A sale under the provisions of the last section must be made in the same manner as the sale of a thing pledged.

For the rules governing such a sale, see the chapter on
PLEDGE.

S945. The owner of a thing found may exonerate himself from the claims of the finder by surrendering it to him in satisfaction thereof.

This provision cannot be supported by the citation of any positive authority, but seems proper, in order to prevent owners from being made responsible for excessive expenses.

S946. The provisions of this article have no application to things which have been intentionally abandoned by their owners.

In McGoon v. Ankeny, 11 M., 558, it was very properly held that the finder of a thing, which the owner had intentionally thrown away, acquired an absolute title thereto.

CHAPTER III.

DEPOSIT FOR EXCHANGE.

SECTION 947. Relations of the parties.

of the

parties.

S947. A deposit for exchange transfers to the de- Relations positary the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.

Chapman v. White, 6 N. Y., 412; Lund v. Seamen's Sav-
ings Bank, 37 Barb., 129; Marsh v. Oneida Central
Bank, 34 id., 598; Commercial Bank v. Hughes, 17
Wend., 94; Matter of Franklin Bank, Paige, 249.

TITLE IV.

LOAN.

CHAPTER I. Loan for use.
II. Loan for exchange.
III. Loan of money.

CHAPTER I.

LOAN FOR USE.

SECTION 948. Loan, what.

949. Title to property lent.

950, 951. Care required of borrower.

952. Degree of skill.

953. Borrower, when to repair injuries.

954. Use of thing lent.

955. Relending, forbidden.

956. Borrower, when to bear expenses.

957. Lender liable for defects.

958. Lender may require return of thing lent.

959. When returnable without demand.

960. Place of return.

S948. A loan for use is a contract by which one Loan, what gives to another the temporary possession and use

of personal property, and the latter agrees to return

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