him or permit him to lodge at said inn, whereby [allege any special damages], to his damage in the sum of $ [Concluding part.] FORM No. 690-By innkeeper, for board and lodging. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That on the day of 19 the plaintiff received the defendant at his request as boarder and lodger, and continued to board and lodge him until the day of the defendant agreed to pay this plaintiff $ 19 for which per week. 2. By reason of the premises, the defendant is indebted to the plaintiff in the sum of $ with interest from 3. [Same as paragraph 2, form No. 684.] [Concluding part.] § 332. ANSWERS. FORM No. 691-Defense that plaintiff was not a guest. [Title of court and cause.] [After introductory part:] Defendant denies that the plaintiff at the time alleged in the complaint herein, or at any other time or at all, was a guest at the hotel [or inn] of the plaintiff. [Follow with denials conformably to this defense.] [Concluding part.] FORM No. 692-Defense where moneys [or other valuables] lost were not deposited with the innkeeper for safe-keeping. [Title of court and cause.] [After introductory part and denials appropriate to this defense:] Defendant alleges, that at the time mentioned in the complaint herein, and for a long time prior thereto, he kept in the office of said inn [or hotel] a fire-proof safe for use in the safe-keeping of the money, jewelry, documents, and other valuables of the guests of said inn [or hotel]. And defendant further alleges, that at the time plaintiff was received as a guest in said inn [or hotel], and for a long time prior thereto, there was posted in a conspicuous place in each of the rooms in said inn [or hotel], including the room occupied by the plaintiff, a printed notice, of which the following is a copy: [Here insert copy of notice such as is provided by statute for limiting liability of an innkeeper, and informing guests of the fact that a fire-proof safe is provided for the safe-keeping of money and valuables, and disclaiming liability where money or valuables are not deposited for safekeeping, etc.] That if any loss of money [etc.] was suffered by the plaintiff, as alleged, such loss was wholly through the fault and negligence of the plaintiff himself, and not by any act of the defendant. [Concluding part.] For defense that thing deposited or alleged to have been lost is held as a pledge, see ch. XCIII, form No. 695, changing the said form to allege an indebtedness for accommodations at the inn (or hotel), and following with the averment that the thing claimed to have been lost or stolen is held as a lien to secure the payment of said charges. CHAPTER XCIII. § 333. Code provisions § 334. Complaint [or petition] Form No. 693. For damages against a bailee of goods... Page 1311 1318 1318 1318 1318 Form No. 695. Defense that thing deposited is held as a pledge 1319 § 333. CODE PROVISIONS. Deposit, kinds of. California, § 1813. A deposit may be voluntary or involuntary; and for safe-keeping or for exchange. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5133. North Dakota, Rev. Codes 1905, § 5447. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2824; Comp. Laws 1909 (Snyder), § 2985. South Dakota, Rev. Codes 1903, C. C. § 1352. Exchange defined. California, § 1804. Exchange is a contract by which the parties mutually give, or agree to give, one thing for another, neither thing, or both things, being money only. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5129. North Dakota, Rev. Codes 1905, § 5443. South Dakota, Rev. Codes 1903, C. C. § 1348. Deposit for exchange. California, § 1818. 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. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5138. North Dakota, Rev. Codes 1905, § 5452. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2829; Comp. Laws 1909 (Snyder), § 2990. South Dakota, Rev. Codes 1903, C. C. § 1357. Depositary's obligation to deliver on demand. California, § 1822. 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, and has given the notice required by section eighteen hundred and twentyfive. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5139. North Dakota, Rev. Codes 1905, § 5453. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2830; Comp. Laws 1909 (Snyder), § 2991. South Dakota, Rev. Codes 1903, C. C. § 1358. Demand is necessary to charge depositary with breach of duty. California, § 1823. A depositary is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5140. North Dakota, Rev. Codes 1905, § 5454. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2831; Comp. Laws 1909 (Snyder), § 2992. South Dakota, Rev. Codes 1903, C. C. § 1359. Notice to owner of adverse proceedings. California, § 1825. 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. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5142. North Dakota, Rev. Codes 1905, § 5456. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2833; Comp. Laws 1909 (Snyder), § 2994. South Dakota, Rev. Codes 1903, C. C. § 1361. Notice by depositary to owner of thing wrongfully detained. California, § 1826. A depositary, who believes that a thing deposited 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. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5143. North Dakota, Rev. Codes 1905, § 5457. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2834; Comp. Laws 1909 (Snyder), § 2995. South Dakota, Rev. Codes 1903, C. C. § 1362. Joint deposits by two or more persons. California, § 1828. When a deposit is made in the name of two or more persons, deliverable or payable to either or to their survivor or survivors, such deposit or any part thereof, or increase thereof, may be delivered or paid to either of said persons or to the survivor or survivors in due course of business. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: • Arizona, Rev. Stats. 1901, 1 2126. b Arkansas, Dig. of Stats. 1904 (Kirby), § 4423. © Montana, Laws 1909, p. 159, ch. 110, § 1. a Nebraska, Comp. Stats. Ann. 1909, § 747x; Ann. Stats. (Cobbey), § 3792. e Oregon, Gen. Laws 1907, p. 262, § 19. ■ Arizona, ¶ 2126. Where two or more persons hold an estate, real, personal or mixed, jointly, and one joint owner dies before severance, his interest in said joint estate shall not survive to the remaining joint owners, but shall descend to and be vested in the heirs and legal representatives of such deceased joint owner, in the same manner as if his interest had been severed and ascertained. b Arkansas, § 4423. All survivorships of real and personal estate are forever abolished. e Montana, Laws 1909, p. 159, chap. 110, 1. When a deposit has been made, or shall hereafter be made, in any bank, savings bank, banking institution, or trust company, transacting business in this state, in the name of two persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of said persons whether the other be living or not; and the receipt or acquittance of the person so paid shall be a valid and sufficient release and discharge to the bank for any payment so made. (Enacted March 8, 1909.) d Nebraska, § 747x. When a deposit in any bank in this state is made in the name of two or more persons, deliverable or payable to either or to their sur vivor or survivors, such deposit or any part thereof, or increase thereof, may be delivered or paid to either of said persons or to the survivor or survivors in due course of business. * e Oregon, Gen. Laws 1907, pp. 262, 267, § 19. • When a deposit has been made or shall hereafter be made in the name of two persons, payable to either, or payable to either or the survivor, such deposit, or any part thereof, or interest or dividends thereon, may be paid to either of the said persons whether the other be living or not, and the receipt or acquittance of the person so paid shall be valid and sufficient release and discharge to the bank for any payment so made. This section shall apply to all banking institutions, including national banks, within this state. (Enacted February 25, 1907.) Depositor must indemnify depositary. California, § 1833. 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. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5145. North Dakota, Rev. Codes 1905, § 5459. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2836; Comp. Laws 1909 (Snyder), § 2997. South Dakota, Rev. Codes 1903, C. C. § 1364. Depositary's liability for negligence. California, § 1840. The liability of a depositary for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 5152. North Dakota, Rev. Codes 1905, § 5466. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2843; Comp. Laws 1909 (Snyder), § 3004. South Dakota, Rev. Codes 1903, C. C. § 1371. Lien of depositary for hire. California, § 1856. A depositary for hire has a lien for storage charges and for advances and insurance incurred at the request of the bailor, and for money necessarily expended in and about the care, preservation and keeping of the property stored, and he also has a lien for money advanced at the request of the bailor, to discharge a prior lien, and for the expenses of a sale where default has been made in satisfying a valid lien. The rights of the depositary for hire to such lien are regulated by the title on liens. (Kerr's Cyc. Civ. Code.) |