S909. An involuntary deposit is made: 1. By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or, 2. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person. S910. The person with whom a thing is deposited, in the manner described in the last section, is bound to take charge of it, if able to do so. S 911. A deposit for keeping is one in which the depositary is bound to return the identical thing deposited. S 912. A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited. Depositary must deliver on demand. ARTICLE II. OBLIGATIONS OF THE DEPOSITARY. SECTION 913. Depositary must deliver on demand. 915. Place of delivery. 916. Notice to owner of adverse claim. 917. Notice to owner of thing wrongfully detained. S913. A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law,3 and has given the notice required by section 916.* Obviously, the depositary has no interest in the prolongation of the deposit, and therefore has no right to insist upon it. He may be entitled to compensa tion for the whole period originally agreed upon, but 'Bates v. Stanton, 1 Duer, 79; Hardman v. Wilcock, 9 Scrantom v. Farmers' and Mech. Bk., 24 N. Y., 424, S914. A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. See Phelps v. Bostwick, 22 Barb., 314; Downes v. Phoenix No obliga liver with tion to de out demand delivery. S915. A depositary must deliver the thing deposited Place of at his residence or place of business, as may be most convenient for him. S916. A depositary must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited, which may tend to excuse the depositary from delivering the thing to him. See Scrantom v. Farmers' & Mech. Bk., 24 N. Y., 424. Notice to adverse owner of claim. owner of thing wrongfully detained. S 917. A depositary, who believes that a thing de- Notice to posited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his. position in respect to the thing, to his prejudice. Modified from Code La., 2931; Story Bailm., §§ 102, 108. Delivery of thing owned S918. If a thing deposited is owned jointly or in jointly, &c. common by persons who cannot agree upon the man ner of its delivery, the depositary may deliver to each his proper share thereof, if it can be done without injury to the thing. This provision is new, but is intended to obviate a difficulty which may sometimes arise. CHAPTER II. DEPOSIT FOR KEEPING. ARTICLE I. General provisions. III. Storage. IV. Inn keepers. V. Finding. ARTICLE I. Depositor must indemnify depositary. Obligation of deposi GENERAL PROVISIONS. SECTION 919. Depositor must indemnify depositary. 921. Obligations as to use of thing deposited. 922. Liability for damage arising from wrongful use. 923. Sale of thing in danger of perishing. 924. Injury to, or loss of thing deposited. 925. Service rendered by depositary. 926. Extent of his liability for negligence. S919. A depositor must indemnify the depositary : 1. For all damage caused to him by the defects or vices of the thing deposited; and, 2. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. Code La., 2931; Code Napoleon, 1947. S920. A depositary of living animals must protary of and vide them with suitable food and shelter, and treat mals. them kindly. as to use of thing de posited. 921. A depositary may not use the thing depo- Obligations sited, or permit it to be used, for any purpose, without the consent of the depositor.' He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity.2 Story on Bailm., § 89; Code La., 2911. 2 Story on Bailm., § 92; Code La., 2914. 1 for damage from S922. A depositary is liable for any damage hap- Liability pening to the thing deposited during his wrongful arising use thereof, unless such damage must inevitably have wrongful happened though the property had not been thus used. Story on Bailm., $$ 413 to 413 d. S923. If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. Story on Bailm., § 97. S924. If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully or by gross negligence permitted the loss or injury to occur. There is no express authority for this provision, but it S925. So far as any service is rendered by a depositary, or required from him, his duties and liabilities are prescribed by the Title on EMPLOYMENT AND SERVICE. S926. 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. See Story on Bailm., § 77. use. Gratuitous deposit, what. Nature of involuntary deposit. Degree of care re quired of gratuitous depositary. His duties cease, when. ARTICLE II. GRATUITOUS DEPOSIT. SECTION 927. Gratuitous deposit, what, 929. Degree of care required of gratuitous depositary. S927. Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited. S 928. An involuntary deposit is gratuitous, the depositary being entitled to no reward. S929. A gratuitous depositary must use at least slight care for the preservation of the thing deposited. $930. The duties of a gratuitous depositary cease: 1. Upon his restoring the thing deposited to its owner; or, 2. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time.' But an involuntary depositary, under subdivision 2 of section 909, cannot give such notice until the emergency which gave rise to the deposit is past. 1 Roulston v. McClelland, 2 E. D. Smith, 60. ARTICLE III. Deposit for hire. SECTION 931. Deposit for hire. STORAGE. 932. Degree of care required of depositary for hire. 933. Rate of compensation for fraction of a week, &c. S 931. A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire. |