If it ever came to anything like that, which I don't think it will, the charge would be embezzlement or perhaps larceny as bailee.
It has often been remarked that a servant must be distinguished from a bailee.
In many cases the bailee is not required to return the specific property, but other property of the same kind and quality.
To what extent can a bailee limit his liability by agreement?
It is the old distinction taken in the Marshal's case that there the bailee has no remedy over.
Examples of bailments for the sole benefit of the bailee are loans to the bailee without compensation to the bailor.
Give an example of a bailment for the mutual benefit of both bailor and bailee.
Property loaned to a bailee for the latter's accommodation constitutes a bailment for the sole benefit of the bailee.
In mutual benefit bailments, the bailee is obliged to exercise ordinary care, and is liable for ordinary negligence.
This also includes the hiring of a bailee to carry goods from one place to another.