Question 402.— The agent of an express company, with which a special contract exists, brings to the bank office at 5 p.m. a parcel of money, and requests the one officer whom he finds there, to take delivery. This is declined as the safe (which has a time lock) is closed. Is the express company relieved from liability because of this tender of delivery ?

Answer.—When the company makes a tender of delivery at the proper time, in a proper place, to a proper officer of the bank, in accordance with the terms of the special contract, its liability under that contract would probably be no longer in force, and the company would only be liable thereafter for the ordinary care of a bailee. We do not think, however, that a tender of delivery such as that described comes within the above conditions, and we are of opinion the company's liability continues as if the tender had not been made.