McCafferty v. Brady

Citations

• 5 Sadler 565
• 9 A. 37
• 19 Week. No. 553
• 1887 Pa. LEXIS 607

Syllabus

<p>A bailee for safe keeping mnst return the thing bailed to the bailor, or according to the bailor’s directions. He cannot require proof that the bailor is also the owner.</p> <p>It is no defense to an action of assumpsit by the bailor against the bailee, for money deposited for safe keeping, to allege that the money belonged to a third person.</p> <p>Note. — Where the property is claimed by the true owner, the bailee may deliver the property to him. King v. Richards, 6 Whart. 418, 37 Am. Dec. 420; Eloyd v. Bovard, 6 Watte & S. 75. A mere notice by a third party not to deliver to the bailor is no defense. Susquehanna Boom Co. v. Rogers, 3 W. N. C. 478. If the goods are taken from the bailee’s possession by legal process, he will not be liable to the bailor therefor. Act of June 13, 1874 (P. L. 285).</p>