Injury to, or loss of thing deposited.

Service rendered by

SEC. 1838. If a thing is lost or injured during its deposit, and the depositary refuses to inform the deposi tor of the circumstances under which the loss or injury occurred, so far as he has information concerning them. or wilfully misrepresents the circumstances to him, the depositary is presumed to have wilfully, or by gross neg ligence, permitted the loss or injury to occur.

N. Y. C. C., Sec. 924.

SEC. 1839. So far as any service is rendered by a depositary. depositary, or required from him, his duties and liabilities are prescribed by the Title on Employment and Service.

Extent of his liability for negligence.

N. Y. C. C., Sec. 925.

SEC. 1840. The liability of a depositary for negligence is limited to the amount which he is informed, or has reason to suppose, the thing deposited to be worth.

N. Y. C. C., Sec. 926.

ARTICLE II.

Gratuitous deposit, what

Nature of involuntary deposit.

Degree of

GRATUITOUS DEPOSIT.

SECTION 1844. Gratuitous deposit, what.

1845. Nature of involuntary deposit.

1846. Degree of care required of gratuitous depositary.
1847. His duties cease, when.

SEC. 1844. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.

N. Y. C. C., Sec. 927.

SEC. 1845. An involuntary deposit is gratuitous, the depositary being entitled to no reward.

SEC. 1846.

N. Y. C. C., Sec. 928.

A gratuitous depositary must use at least of gratuitous slight care for the preservation of the thing deposited.

care required

depositary.

His duties cense, when.

or,

N. Y. C. C., Sec. 929.

SEC. 1847. The duties of a gratuitous depositary cease1. Upon his restoring the thing deposited to its owner;

2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reason

able time. But an involuntary depositary, under Subd. 2 of Sec. 1815, cannot give such notice until the emergency which gave rise to the deposit is past.

SEC. 1851. A deposit not gratuitous is called storage. Deposit for The depositary in such case is called a depositary for hire.

N. Y. C. C., Sec. 931.

SEC. 1852. A depositary for hire must use at least ordinary care for the preservation of the thing deposited.

N. Y. C. C., Sec. 932.

hire.

Rate of compensation for

week, etc.

SEC. 1853. In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire fraction of a 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.

N. Y. C. C., Sec. 933.

SEC. 1854. In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice.

N. Y. C. C., Sec. 934.

Termination of deposit.

SEC. 1855. Notwithstanding an agreement respecting Same. 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.

N. Y. C. C., Sec. 935.

ARTICLE IV.

Iunkeeper's liability.

How exempted from liability.

INNKEEPERS.

SECTION 1859. Innkeeper's liability.

1860. How exempted from liability.

SEC. 1859. An innkeeper is liable for all losses of, or injuries to personal property placed by his guests under his care, unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of some one whom he brought into the inn.

N. Y. C. C., Sec. 936.

SEC. 1860. 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 ar ticles 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.

N. Y. C. C., Sec. 937; Cal. C. C., Sec. 3024, "Innkeeper's Lien."

Obligation

of finder.

ARTICLE V.

FINDING.

SECTION 1864. Obligation of finder.

1865. Finder to notify owner.

1866. Claimant to prove ownership.

1867. Reward, etc., to finder.

1868. Finder may put thing found on storage.
1869. When finder may sell the thing found.

1870. How sale is to be made.

1871. Surrender of thing to the finder.

1872. Thing abandoned.

SEC. 1864. One who finds a thing lost is not bound 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.

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 considered the law in this respect to be unsatisfactory, and the Commis

sioners have altered it, giving the finder a reward, and
holding him to a corresponding accountability. This is
more just to both parties.

N. Y. C. C., Sec. 938.

notify owner

SEC. 1865. If the finder of a thing knows or suspects Finder to who is the owner, he must, with reasonable diligence, give him notice of the finding; and if he fails to do so, be 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.

N. Y. C. C., Sec. 939.

SEC. 1866. The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.

N. Y. C. C., Sec. 940.

Claimant to ership.

prove own

to finder.

SEC. 1867. The finder of a thing is entitled to compen- Reward, etc., sation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.

N. Y. C. C., Sec. 941.

SEC. 1868. The finder of a thing may exonerate himself from liability at any time, by placing it on storage with any responsible person of good character, at a reasonable expense.

N. Y. C. C., Sec. 942.

When finder

thing found.

SEC. 1869. The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the may sell 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 los

ing the greater part of its value; or,

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

N. Y. C. C., Sec. 943.

SEC. 1870. A sale under the provisions of the last sec- How sale is tion 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.

N. Y. C. C., Sec. 944.

to be made.

Surrender

of thing to the finder.

Thing abandoned

SEC. 1871. 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.

N. Y. C. C., Sec. 945.

SEC. 1872. The provisions of this article have no application to things which have been intentionally abandoned by their owners.

N. Y. C. C., Sec. 946.

Relations of the parties.

CHAPTER III.

DEPOSIT FOR EXCHANGE.

SECTION 1878. Relations of the parties.

SEC. 1878. A deposit for exchange transfers to the depositary the title to the thing deposited, and creates between him and the depositor the relation of debtor and creditor merely.

N. Y. C. C., Sec. 947.

TITLE IV.

LOAN.

CHAPTER I. LOAN FOR USE.

II. LOAN FOR EXCHANGE.
III. LOAN OF MONEY.

CHAPTER I.

LOAN FOR USE.

SECTION 1884. Loan, what.

1885. Title to property lent.

1886. Care required of borrower.

1887. Same.

1888. Degree of skill.