A person may voluntarily undertake to be a depository or may become so involuntarily, as by finding chattels. For a naked deposit, the depository is responsible only for gross negligence.
(Orig. Code 1863, § 2083; Code 1868, § 2078; Code 1873, § 2104; Code 1882, § 2104; Civil Code 1895, § 2922; Civil Code 1910, § 3495; Code 1933, 12-302.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 8 Am. Jur. 2d, Bailments, §§ 8, 164, 165 et seq.
C.J.S.- 26B C.J.S., Depositaries, § 4 et seq.
ALR.
- Liability of a bailee of money who commingles it with his own funds, 20 A.L.R. 378.
Duty and liability of one in possession of real property in respect of personal property which he finds thereon belonging to another, 131 A.L.R. 165.
Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.
Presumption of payment as applicable to bank deposit, 69 A.L.R.3d 1311.
Liability of warehouseman or other bailee for loss of goods stored at other than agreed-upon place, 76 A.L.R.4th 883.