6 La. 32 | La. | 1833
The plaintiff charges that a box of goods belonging to him was shipped from New-Orleans to St. Martinsville, and that through error or fraud they came into thp possession of the defendants, who refused to deliver them lo him.
The general issue was formed by the answer, and the
This doctrine in the terms used by the judge, is not correct. The responsibility of the depositary is too much limited. His obligations are not due alone to the individual depositing, they are also due to the third person where the thing deposited does not belong to the depositor. But though thelaw was thus inaccurately expounded to the jury, we do n°t think the cause should be remanded. The charge of the judge did not at all affect the legal rights of the plaintiff before the jury, because the evidence shows beyond all doubt, that he did not take those steps necessary to create responsibility on the part of the defendants to him. It was not attempted to be shown, it is on the contrary proved, that no-other opposition was made to the delivery of the goods save that which resulted from the petition verbally asserting a cla,m 1° the box containing them. This in our opinion did not produce any obligation on the part of the defendants to the plaintiffs. The interposition of legal process was necessary to produce it. The art. 2926 of the La. Code provides,, that the object deposited must be restored to the depositor, “unless there be in the hands of the depositary an attachment on the property, or an opposition made by the owner.” The word oppositicn is in our judgment here used technically, and must be understood in the same, sense it is so frequently employed in the Code of Practice, namely, an opposition through and by the authority of a court of justice. The depositor is prima facie the owner of the thing deposited, and the possess*on of the depositary is- Iris possession. We cannot therefore believe it was the intention of the Legislature to
This opinion renders it unnecessary to examine the effect of the verdict which was first rendered. By the terms of that verdict, the same question of law is presented as that suggested by the bill of exceptions to the judge’s charge, which has just been examined.
It is therefore ordered, adjudged and decreed, that the judgment of the District Court be affirmed with costs.