Definition of SPECIAL DEPOSIT.


SPECIAL DEPOSIT.

A deposit made of a particular thing with the
depositary: it is distinguished from an irregular deposit.


2. When a thing has been specially deposited with a depositary, the
title to it remains with the depositor, and if it should be lost, the loss will
fall upon him. When, on the contrary, the deposit is irregular, as where money
is deposited in a bank, the title to which is transferred to the bank, if it
be, lost, the loss will be borne by the bank. This will result from the same
principle; the loss will fall, in both instances, on the owner of the thing,
according to the rule res perit domino. See 1 Bouv. Inst. n. 1 054.




Source: Bouviers Law Dictionary 1856 Edition

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