131 Va. 479 | Va. | 1921
after making the foregojng statement delivered the following opinion of the court.
1. Is the defendant, Connoley, liable to the plaintiff bank for the money which was lost by him while he was acting in disregard of his instructions from the bank in accordance with which he accepted the undertaking confided to him.
This question must be answered in the affirmative.
“If a gratuitous bailee undertakes to deal with the subject of the bailment in a manner not warranted by his instructions, expressed or implied, * * and the property is lost, he is liable therefor, irrespective of any want of due care on his part, unless his act is ratified by the bailor with full knowledge of the circumstances.” Citing a númber of authorities, among which is a supreme court decision, in the case of Walker v. Smith, 4 Dall. 389, 1 L. Ed. 878-9. In that case the defendant was a gratuitous bailee of certain goods, which the plaintiffs by letter requested him to hold at the disposal of one B, but not to deliver them to B without being paid for the amount of the goods, or having such security given therefor as was satisfactory to the defendant, bailee. The defendant received the goods, but delivered them to B without receiving payment or exacting any security. Held: The defendant was liable for the value of the goods.
. So too, if a bailee for hire makes an unauthorized use of the subject of the bailment, he is liable for any resulting lpss or damage irrespective of' whether he is or is not negligent. Spencer v. Pilcher, 35 Va. (8 Leigh) 565; Harvey v. Epps, 53 Va. (12 Gratt.) 153.
The uncontroverted evidence in the case before us is express that the bank gave the defendant no authority to
Reversed and final judgment entered.