Bava Batra 70 - Returning a Deposit (Civil)

It has been established that one who accepts a deposit in the presence of witnesses is not required to return it in the presence of witnesses.

What is the rule if one records making his deposit in a document, and then the custodian tells him, "I have already returned it to you?" Do we say that if the custodian wished to lie, he could have stated that the deposit suffered an unavoidable mishap, in which case he would have been believed? Therefore, we believe him based on the "why would he lie?" argument?

Or can the depositor ask, "Then why do I have this document in my hands?" "Why would he lie?" is not applicable?

Perhaps the custodian retrieved the document because he knew that he could claim an unavoidable mishap and would be believed. Therefore, he is believed now.

Art: Portrait of Henry Pelham Clinton Holding a Document by Henry Nelson O'Neil


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