Bryant And Stratton's Commercial Law for Business Men : Including Merchants, Farmers, Mechanics, Etc. And book of Reference for the Legal Profession, Adapted to All the States of the Union : to Be Used As a Text-Book for Law Schools And Commercial College

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And the first is, that a mandatary who acts gratuitously in a matter where neither his situation, occupa- tion, or employment, implies any particular knowledge, or professional skill, is responsible only for bad faith, or gross negligence. A merchant undertakes, gratuitously, to enter a parcel of goods for another, together with a parcel of his own of the same sort, at the custom-house for exportation, and made an entry under a wrong denomination, in conse- quence of which, both parcels were se...ized. Held that he was not liable for the loss, as he took the same care of the goods bailed as of his own, and was not of such a profession or employment as necessarily implied skill in what he un- dertook. Shields v. BlaoMmme, 1 JET. Black. 158. But if, in this case, the undertaking had been by some clerk or employee in the custom-house, or some one who, by his employment, was led to be familiar with the manner of doing business there, and he had entered upon the service, and committed such a mistake, he would have been liable.

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