contracts. Usually defined to be a naked bailment of goods to be kept for the bailor, without reward, and to be returned when he shall require it. Pothier defines it to be a contract, by which one of the contracting parties gives a thing to another to keep, who is to do so gratuitously, and obliges himself to return it when he shall be requested. 2. Deposits, in the civil law, are divisible into two kinds; necessary and voluntary. A necessary deposit is such as arises from pressing necessity; as, for instance, in case of a fire, a shipwreck, or other overwhelming calamity; and thence it is called miserable depositum. Louis. Code 2935. A voluntary deposit is such as arises without any such calamity, from the mere consent or agreement of the parties.
Law Dictionary – Alternative Legal Definition
A naked bailment of goods to be kept for the depositor without reward, and to be returned when he shall require it Jones, Bailm. 36, 117; National Bank v. Washington County Bank, 6 Hun (N. Y.) 607 Payne v. Gardiner, 29 N. Y. 167; Montgomery v. Evans, 8 Ga. 180; Rozelle v. Rhodes, 116 Pa. 129, 9 Atl. 160, 2 Am. St Rep. 591; In re Patterson, 18 Hun (N. Y.) 222. A bailment of goods to be kept by the bailee without reward, and delivered according to the object or purpose of the original trust Story, Bailm.