Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.

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  5. Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.

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43-39-13. Use of thing deposited or opening of fastened deposit by depository without depositor's consent forbidden--Exception.

A depository may not use the thing deposited, 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.

Source: CivC 1877, §1047; CL 1887, §3671; RCivC 1903, §1366; RC 1919, §983; SDC 1939, §60.0102 (9).


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