The defendant assumpsit to take up a hogs-head of brandy in a cellar, and safely to lay it down in another cellar ; and he so negligently laid and put it down in the other cellar, that for want of care the cask was staved, and so much brandy lost. It was objected in this case, that there was no consideration to maintain the action ; for the defendant is not to have a reward, and it does not appear that he is a common carrier or porter, to be intitled to any reward; he is only to have his labour for his pains, so that this is nudum pactum.
[1738] EngR 234, (1688-1710, 1738) Holt KB 13, (1738) 90 ER 905 (B)
Commonlii
England and Wales
Citing:
See Also – Coggs v Bernard 1703
The defendant had care of the plaintiff’s cask of brandy. He broke the cask and spilt the brandy.
Held: A bailment can exist notwithstanding that it is gratuitous, i.e. without consideration passing from the bailor to the bailee. The . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 22 December 2021; Ref: scu.385627