Rights, Remedies, And Practice, At Law, in Equity, And Under the Codes : a Treatise On American Law in Civil Causes, With a Digest of Illustrative Cases

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206; Mott v. Pettit, 1 N. J. L. 298.
2937 GRATUITOUS BAILMENTS. § 1713 to the bailor himself, or to a third person or transferee.* Delivery over to one authorized will discharge the bailee, though the latter did not know of the authority.'^ A bait ment on trust implies that there is reserved to the bailor the right to claim a redelivery of the property deposited in bailment.' A bailee cannot refuse to deliver it to its real and true owner, even if he be not the bailor.* Where the parties to a c
...ontract of bailment reside in the same city, the property should be returned to the bailor at his residence, unless otherwise agreed; and a delivery of the property elsewhere to a third person, amounting to a conversion, trover lies against the bailee, without proof of a previous demand and refusal.' If the time is not fixed by agreement or by the nature of the object to be accomplished, a bailee must return the property of the bailor whenever called upon, after a reasonable time; and if a written contract does not in its terms specify the time of its continuance, parol evidence is admissible in order to enable the jury to determine what length of time is reasonable under the circumstances.* A mere deposi- tary is not liable to an action until refusal to deliver up on demand.' A bailee of goods for a particular purpose cannot transfer them in contravention of that purpose, even to a bona fide vendee without notice.' The deposi- tary must restore not only the thing, but any increase or profits which may have accrued from it.' Illustrations.

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