Gould, J.

Put the liability squarely on the ground of negligence: " The reason of the action is, the particular trust reposed in the defendant, to which he has concurred by his assump- tion, and in the executing which he has miscarried by his neglect.

When a man undertakes specially to do such a thing, it is not hard to charge him for his neglect, because he had the goods committed to his custody upon those terms.

" Powys, " agreed upon the neglect.

" Powell, J.