5 Blackf. 179 | Ind. | 1839
Assumpsit. On the trial of this cause m the Circuit Court, the plaintiff proved that in July, 1835, his intestate, Eallihan, being then on his death-bed, delivered to the defendant a sum of money, supposed to be fifty dollars, to be sent to the uncle of Eallihan, in Ireland, for the use of his (Eds) wife. The defendant received the money and said he would send it as directed. About three days thereafter, Eallihan died. This was all the testimony in the case, and, upon it, the Circuit Court gave judgment for the defendant.
In whatever light we view this case, the judgment of the Circuit Court must be affirmed. If the delivery to the defendant was a naked bailment, countermandable at the pleasure of Eallihan or his administrator, an action will not lie against the defendant until he is notified of the countei-mand, and a return of the property demanded. Story on Bailment, ch. 2, sec. 107. Were the law otherwise, a bailee who undertakes without compensation to convey money or
The judgment is affirmed, with 3 per cent. damages and costs.