Gerrish v. Muskegon Sav. Bank

• Decision Date: 18 October 1904
• Citation: 100 N.W. 1000,138 Mich. 46
• Court: Michigan Supreme Court
• Parties: GERRISH v. MUSKEGON SAV. BANK.

100 N.W. 1000

138 Mich. 46

GERRISH v. MUSKEGON SAV. BANK.

Supreme Court of Michigan

October 18, 1904

Error to Circuit Court, Muskegon County; Fred J. Russell, Judge.

Action by Anna E. Gerrish against the Muskegon Savings Bank. There was judgment for defendant, and plaintiff brings error. Affirmed.

Turner & Turner, for appellant.

William Carpenter, for appellee.

MOORE C.J.

This is an action of trover to recover the value of a quantity of jewelry and coins which were left with the defendant bank by the husband of the plaintiff and placed in its vault. Upon the close of the testimony the trial judge directed a verdict in favor of defendant. The case is brought here by writ of error.

The plaintiff was a depositor in defendant bank. Her husband was also a depositor. In addition to that, he hired from the bank a deposit box, which was kept in the vault of the bank, for the use of which he paid $3.50 a year. His version of what occurred when he left the package at the bank is as follows He first narrated seeing his wife put the jewelry and coins into a package and taking it to the bank. 'I went into one of the little closets or coops they have at the bank, and got my deposit box from Mr. Rece. I tried to get that package in my box. It wouldn't go with the other papers that I had there. I locked my deposit box, returned it to Mr. Rece took this package around to Mr. Hammond, told him the circumstances. Mr. Hammond is the cashier of the bank. That was about the 9th of September, 1901. I told him the circumstances--that I couldn't get it in my deposit box. Asked him would it be necessary for me to rent another deposit box or could he put that away for me? His reply was 'No, I will put that away safely for you, and be glad to do it.' * * * The next time I saw the package I should think was the last of October. I had been out of the city--myself and family. I got it from Mr. Rece. Mr. Rece is a clerk at the bank. I got this package from him. I took it home to Mrs. Gerrish. * * * I took it back to the bank because we were going away again, to leave the city, going some distance away. I delivered it to Mr. Rece during banking hours. He was there, attending to his duties in the bank. I had some conversation with him at that time. I says--I guess I called him Walter--I says, 'Walter, will it be necessary for me to go through the formality of seeing Mr Hammond again about this box?' He replied, 'NO'; HE WOULD TAKE CARE OF IT FOR ME. he put it in the vault, i suppose. i don't know.' On the cross-examination he testified: 'I first hired a deposit box in 1898 in this bank. I had one at that time, I think, and for that I paid the bank $3.50 a year--for the use of the box, the privilege of using the box. At the time I took this package there, the box wasn't filled. I had my private papers in it. I filled it so full that I couldn't get this package inside it. The question I asked was whether I would have to rent another box. Of course, if I rented another box. I expected to pay for that box, and the question was with me whether I would be allowed to leave this package in the vault without paying for another box to put it in, and I wanted to know whether Mr. Hammond would allow me to leave this package in the vault without paying for the privilege, and he told me that he would, or that I could. This was the first time in September, and I was going away from home. I lived here in the city. Had a home of my own. It was furnished by me, occupied by me and my family. I was going to close it up--lock it up--and go away. I left the furniture and some of the fixtures there in the house, and I wanted to leave this package in the bank while I was away. * * * The reason I didn't put it in the safety deposit box is because there wasn't room in...