Davison v. Alaska Banking Co.

Citations

• 5 Alaska 683

Syllabus

<p>1. Bailment <&wkey;5—Conversion.</p> <p>The plaintiff mailed a package of money to the bank for general deposit in his name. Some time later he came to the bank, and upon inquiry found the money had been received, but was informed that it had not been opened, nor the money placed to his credit. Plaintiff demanded the money be credited to him, or the package and money be delivered to him, both of which demands were refused. The plaintiff thereupon brought suit for the money. The defendant answered the complaint, and alleged that another was the true owner. Held, on receipt of the money by the defendant, and its refusal to deposit it as requested in the name of the depositor, the relation of bailor and bailee was created between the plaintiff and defendant.</p> <p>2. Bailment <&wkey;26,-27—Evidences—Pleadings.</p> <p>Subsequent to the receipt of a package of money from plaintiff with instructions to deposit it to his credit, which was not done, plaintiff demanded the return of the money, which was refused. A right of action immediately accrued to the plaintiff. On suit the bank answered that the money belonged to another. Held, tlie defense and evidence are inadmissible in the action.</p> <p><5&wkey;See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Bailment <@=5lG—Conversion—Personal Property.</p> <p>Conversion is any dealing with the thing which impliedly or by its terms excludes the owner’s dominion, and it may be stated that a bailee, holding his title from his bailor and owing his first duty to his bailor, must not do that which excludes the idea of ownership in the bailor.</p> <p>4. Bailment <@=516—Conversion—Acts of.</p> <p>The bank committed two acts of conversion in this case: First, when the defendant bank first received the property, the evidence shows that it received it for general deposit, and failing to place it to the credit of the plaintiff was an act of conversion; second, the cashier of the bank gave prior instruction to