[ULPIANUS libro quadragesimo tertio ad Sabinum. ] §27.3.5.prSi tutor rem sibi depositam a patre pupilli uel commodatam non reddat, non tantum commodati uel depositi, uerum tutelae quoque tenetur.
[ULPIANUS in his forty-third book on Sabinus] If a tutor does not return a thing deposited with him or lent to him by the father of the pupil, he is held liable not only by the action on loan or deposit, but also by the action on guardianship.
et si acceperit pecuniam, ut reddat, plerisque placuit eam pecuniam uel depositi uel commodati actione repeti uel condici posse: quod habet rationem, quia turpiter accepta sit.
And if he has received money in order to return it, most authorities have held that this money can be recovered either by the action on deposit or on loan, or can be claimed by condictio; and this is reasonable, because it was received disgracefully.