Deposits are either general or special. A special deposit may be of something else than money. Its characteristic feature is that title to the thing does not pass to the bank, except as bailee. "We are concerned at present simply with general deposits.

9 Statutes have varied the duties of innkeepers and carriers, and those statutes no doubt affected all future instances of the relation.

10 See Louisiana v. New Orleans, 109 U. S. 285, as to guasi-contracts not being within the protection of the constitution as to contracts. The case itself is wrong, however, where it decides that a quasi-contract can be abolished as an obligation by statute, except as to future transactions; that obligation is protected by the clause in the fourteenth amendment as well as by the clause against the taking of private property. The quasi-contract, after the obligation has once arisen, is property. The dissenting opinion of Justice Harlan does not display any knowledge of the nature of a quasi-contract, although he was right in his conclusion.