Swarth v. Barney's Clothes

In Swarth v. Barney's Clothes, 40 Misc. 2d 423 (App. Term 1st Dept 1963), the court found that no bailment existed for a wallet left in an automobile in a parking lot because, "acceptance is absent when the property is not such as is usually and customarily left with a custodian in like circumstances and no disclosure of this fact is made. In that situation, the person sought to be charged as bailee having no reason to suppose the property has been delivered to him is liable only if on express notice, 'for the bailee cannot by artifice be compelled to assume a liability greater than he intended'" .