If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is presumed to have willfully or by willful and wanton misconduct, permitted the loss or injury to occur.

Source: CivC 1877, § 1050; CL 1887, § 3674; RCivC 1903, § 1369; RC 1919, § 986; SDC 1939, § 60.0102 (12).