Depositary

One with whom anything is deposited (see "Deposit") or lodged In trust; as "depository" is the place where it is put. The obligation on the part of the depositary is that he keep the thing with reasonable care, and, upon request, restore it to the depositor, or otherwise deliver it, according to the original trust.

A person entrusted with bailed to be held without recompense. Stand. Diet.

The person with whom a thing is deposited to be kept for the depositor and returned on demand, without a recompense.

The party reeeiving a deposit; one with whom anything is lodged in trust, as “depository” is the place where ifis put. The obligation on the part of the depositary is that he keep the thing with reasonable care, and, upon request, restore ii to the depositor, or otherwise deliver it, according to the original trust.

In the law of bailment. The person with whom a thing is deposited by another, (is apud quem res deponitur,) to be kept for the depositor or bailor, and returned upon demand, without a recompense; one who receives the goods of another to keep without compensation. 2 Kent's Com. 560, et seq. Bract. fol. 99 b. Inst. 3. 15. 3.

contracts. He with whom a deposit is confided or made. Being a bailee without reward, the depositary is bound to slight diligence only, and he is not therefore answerable except for gross neglect. 1 Dane’s Abr. ch. 17, art. 2. But in every case good faith requires, that he should take reasonable care; and what is reasonable care, must materially depend upon ~ the nature and quality of the thing, the circumstances under which it is deposited, and sometimes upon the character and confidence, and particular dealing of the parties. See 14 Serg. & Rawle, 275. The degree of care and diligence is not altered by the fact, that the depositary is the joint owner of the goods with the depositor; for in such a case, if the possessor is guilty of gross negligence, he will still be responsible, in the same manner as a common depositary, having no interest in the thing. Jones’s Bailm. 82, 83. As to the care which a depositary is bound to use, see 2 Ld. Raym. 909, 914; 1 Ld. Raym. 655; 2 Kent’s Comm. 438; 17 Mass. R. 479, 499; 4 Burr. 2298; 14 Serg. & Rawle, 275; Jones’s Bailm. 8; Story on Bailm. § 63, 64. The depositary is bound to return the deposit tn tndividuo, and in the same state in which he received it; if it is lost, or injured, or spoiled by his fraud, or gross negligence, he 1s responsible to the extent of the loss or injury. Jones’s Bailm. 36, 46, 120; 17 Mass. R. 479; 2 Hawk. N. Car. R. 145; 1 Dane’s Abr. ch. 17, art. 1 and 2. He is also bound to restore, not only the thing depoan animal deposited brings young, the latter are to be delivered to the owner. Story on Bailm. § 99. In general it may be laid down that a depositary has no right to use the thing deposited. Bac. Abr. Bailm. D; Jones’s Bailm. 81, 82; 1-Dane’s Abr. ch. 17, art. 11, § 2. But this proposition must be received with many qualifications. There are certain cases, in which the use of the thing may be necessary for the due preservation of the deposit. There are others, again, where it would be mischievous; and others, again, where it would be, if not beneficial, at least indifferent. - Jones’s Bailm. 81,82; Owen’s R. 123, 124; 2 Salk. 522; 2 Kent’s Comm. 450. The best general rule on the subject is to consider, whether there may or may not be an implied consent, on the part of the owner, to the use. If the use would be for the benefit of the deposit, the assent of the owner may well-be presumed; if to his injury or perilous, it ought not to be presumed;. if the use would be indifferent, and other circumstances do not incline -either way, the use may be deemed not allowable. Jones’s Bailm. 80, 81; Story on Bailm.: 90.: ‘: