Croke's report
confirms the caution which Lord Coke adds to his report: "Note,
reader, it is good policy for him who takes any goods to keep, to
take them in special manner, scil. to keep them as he keeps his
own goods, ... or if they happen to be stolen or purloined, that
he shall not be answerable for them; for he who accepted them
ought to take them in such or the like manner, or otherwise he
may be charged by his general acceptance."
Down to this time, at least, it was clear law that, if a person
accepted the possession of goods to keep for another even as a
favor, and lost them by wrongful taking, wholly without his
fault, he was bound to make good the loss, unless when he took
possession he expressly stipulated against such a responsibility.
The attempts of Lord Holt in Coggs v. Bernard, and of Sir William
Jones in his book on Bailments, to show that Southcote v. Bennet
was not sustained by authority, were futile, as any one who will
Study the Year Books for himself may see. The same principle was
laid down seven years before by Peryam, [180] C. B., in Drake v.
Royman, /1/ and Southcote's Case was followed as a leading
precedent without question for a hundred years.
Thus the circle of analogies between the English and the early
German law is complete.
Pages:
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235