from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
SPECIAL DEPOSIT. A deposit made of a particular thing with the depositary:
it is distinguished from an irregular deposit.
2. When a thing has been specially deposited with a depositary, the
title to it remains with the depositor, and if it should be lost, the loss
will fall upon him. When, on the contrary, the deposit is irregular, as
where money is deposited in a bank, the title to which is transferred to the
bank, if it be, lost, the loss will be borne by the bank. This will result
from the same principle; the loss will fall, in both instances, on the owner
of the thing, according to the rule res perit domino. See 1 Bouv. Inst. n. 1
054.