Mandatary
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MANDATARY, contracts. One who undertakes to perform a mandate. Jones' Bailm.
53; Story on Bailm. 38. Dr. Halifax calls him mandatee. Halif. Anal. Civ.
Law, 70, Sec. 16, 17.
2. It is the duty of a mere mandatory, it is said, to take ordinary
care of the property entrusted to him. Vide Negligence. But it has been held
that he is liable only for gross negligence. 14 S. & R. 275; 2 Hawks, R.
145; 2 Murph. R. 373; 3 Dana, R. 205; 3 Mason, R. 132; 11 Wend, R. 25;
Wright, R. 598; 1 Bouv. 1st. n. 1073.