A Treatise on the Law of Bailments: Contracts Connected with the Custody and Possession of Personal Property

Framsida
Banks & brothers, 1878 - 656 sidor
 

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Money paid into court deposit frith an officer 13 Parties competent to contract
13
14 Persons of unsound mind infants
14
Presumptions as to and proof 16 Intoxication effect
16
Fair dealings with incompetent parties
17
The Finder his rights and duty
18
Ho has a special property
19
His right to compensation estrays
20
When guilty of larceny
21
Wrecks and goods cast on shere 23 Saving property from sea perils salvage
23
Consideration
24
Sheriffs and Receiptors
25
Liability of sheriff for thefts
26
Must guard against special dangers
27
May leave goods with competent person
28
Receiptor when estopped
29
Cannot set up title in another 31 Prima facie liable as a depositary
33
General and Special Property
36
Rule of Liability
43
Under the civil
55
CHAPTER V
61
As applied to proprietors of stage coaches
65
Burden of proof as against bailee for hire
71
Illustrations of the rue
79
Where bailee shews same neglect of his own goods
80
Mode of carrying money
81
Common care of such artieles 83 Knowledge of bailees character
83
Mandatary helds as trustee or fiduciary
84
A letting of animals for their keep a delivery to keep or return ait a price
85
Action of assumpsit for the money
86
The Contract
87
The consideration
88
Illustrations
89
Special cases no intentional delivery
90
A collection agent his liability
91
Duties of Directors and Managers
92
In the care of funds
93
They act for the corporation
94
They aro agents and trustees
95
Remedies
96
Cheice of remedy 98 Mandatary must perform or account for property
98
99 Miscarriage of a package
99
100 Accepting a trust for a third person
100
The terms regarded as conditions of the loan failure to return
101
Election of remedies i 102 Action of trover by bailor 103 Bailees right of action
103
When either may sue recovery
104
When owner cannot support trespass or trover
105
Burden of Proof
106
In suit against mandatary
107
Proof of conversion by 109 When trover does not
109
Assumpsit
110
Effect of recovery in trover on the title
111
Damages recoverable
112
Old and new forms of action
113
The contract hew determined death of bailee his representatives
114
Leaving a debt dne 116 Death of a joint mandatary
116
Death of the mandator
117
Contracts by letter
118
Ways of terminating the contract
119
131 As against the borrower
120
GRATUITOUS LOANS
121
A gratuitous loan when a sale and when a bailment S 121 A loan of things to be returned in kind sales 122 A loan of commercial paper
122
PLEDGES OR PAWNSCOLLATERAL SECURITY
132
Under an indefinite loan
133
Liability of lender for defects
146
Plaintiff must establish his cause of action mode of dang
160
Definition subject of pledge title
176
Difference between a deed and a mortgage of lands
187
Pledge of anothers property
194
Mere equities and liens dealings with
200
Hypothecation what and when allowed
208
Factors power at common law under statute
215
Grain in wareheuse receipts for transfer
217
Factor entrusted to sell may pledge
218
Mode of pledging shares of stock right to vote on stock under pledge
219
Choses in action pledge of policies of insurance
220
Pledge of residuary interest second pledge
221
Pledge of negotiable securities
222
Continued possession required exceptions
223
Relation of Pledge to Original Contract Contract of pledge Ilk a suretyship
224
On void contracts
228
On conditional obligations
229
Effect of payment or tender of original debt
230
Right to sue on debt
231
Pledge to be treated as a security merely
232
Incipient contracts of pledge
233
Pledgees Duty in Preserving Pledgee bound for ordinary care
234
Not liable for loss by fire or theft
235
Pledgee must account for failure to restore
236
Rule of liability illustrated
237
Treatment of notes etc held as collateral
238
Right of pledgor over them
239
Pledgee most protest and notify indorsers
240
Pledge on a trust to collect
241
When pledgee must sue on security
242
Not bound to as a rule
243
Not obliged to sell stocks held as a pledge
244
What Property in Pledgor and Pledgee etc
245
Difference between mortgago and pledge of goods
246
Where stocks are transferred as a security
247
The pledge and mortgage incident to the debt
248
The pledge does not confer a title on a condition
249
The law does not enforce a penalty stipulated damages
250
Lapse of time does not give pledgee title defenoe statute of limita tions
251
Right to redeem lost by laches barred by the statute
252
Operation of the statute different actions
253
Difference between a loan for use and a pledge
254
Shares of stock identity of pledgees duty
255
Demand of note seoured by collaterals
256
Wrongful sale of collaterals effects of in suit on debt recoupment
257
Unautherized sale with apparent autherity
258
Sales of goods pledged on execution statutes
259
The sale does not affeot contract of pledge
260
The statute recognizes the rights of both parties
261
Sheriffs duty to sell in one parcel
262
What property may be sold on execution
263
Pledgees interest may it be levied on and sold
264
226
271
Where there is a surety duty to resort to the primary fund
310
Loss during an unlawful detention
311
Right to redeem receiver
313
Ground of equity jurisdiction
314
Illustrations
315
316 Right of a purchaser from general owner rights of parties elaiming under
316
227
317
Effect of achango in form of debt merger
318
Remedy for bailees negligence appropriation by
319
Pledgees engagement to collect
320
When does a right to redeem accrue
321
Effect of a long lapse of time
322
Effect of a bar of the debt on the pledge 324 Statute of limitations payment ineffectual foreelosure CHAPTER VI
323
Sources of our law the principle of autherity
326
Bailee liable for ordinary diligence
327
Hire op Custody of herses
328
Care required right of property
329
Duty in an emergency
330
No lien forkeeping orpasturing herses or cattlo same given by statute
331
Warehousemen busiuess public
332
Bound for ordinary diligenco thofts and accidental losses
333
A wareheuseman and a forwarder instructions
334
A forwarder when a carrier express companies
335
Carrier and wareheuseman helds in which capacity
336
Carriers right to deposit with may bocomo a wareheuseman
337
338 Carriers duty in delivering custom and courso of business
338
Criminal acts of strangers and acts of superior force
339
Goods carried over successive lines 340 Double contract to curry and store
340
341 Course of business usage custoai way stations
341
225
342
In raising or lowering goods servants
343
344 His duty covers entire business wareheuses
344
Duty in building
345
Injury and subsequent loss
346
Sales by owner effect
347
348 A misdelivery receipting to another
348
Burden of proof rule with exceptions
354
Wharves and Piers public and private
355
Wharfingers like ami unlike wareheusemen
356
When their duties begin and end delivery 358 Not liable as a carrier
358
Liable under same rule as wareheusemen for losses by theft embezzlement fire
359
Where he has no lien
368
Hire of Things Hirers Right or Interest
369
Risk of loss under a sale under a bailment
370
Hirers special property
371
Under a hiring for a term with a farm
372
Lessors duty and liability livery herses
373
His implied undertaking
374
Right to hiro cnds when the goods perish
375
Hire of use where there is no bailment
376
377 Illegal bailments Sunday contracts
377
Hiring by an infant hability
378
The hirers engagements written contracts and special
379
Express contracts sensoof
380
Hirer confined to the use agreed on
382
When the purposo enters into contract
383
Hircrtduty of care and diligence in hiro of herses
384
Expenses by whem borne
385
Bailees right to recover when it exceeds his liability
386
Under a contract of hiro or salo
387
Joint bailments remedies under
388
Liability in respect to Servants ground of liability
390
When liable for his unlawful act or his trespass 3i2 Question f Whose servant t 393 Separate branches of business carmen contractors 391 Special se...
391
Liability to servants fellowservants
395
Nonfeasance by servant
396
Who are servantsin legal sense
397
Servant liablo to his master
398
Burden of Proof tehen changed
399
A refusal to return witheut excuse
400
Accession increase from sheep and cattle Sic or accession to real estate
403
Termination of the Contract modes
404
Duty time and placo of return
405
Illegality of original contract Exceptions from general rule Pledges given on the creation
406
Effect of a return after a conversion
407
Duty under agreement to restoro on demand 409 Bailment terminated by the loss or destructionof thethings bailed c or by loss of title
409
Bailments for Labor and Services
410
Contracts to make or to sell
411
Goods c mado to order statuto of frands
412
Executory sales
413
414 Title under a bailment for services when a sale and when a bailment
414
Bales or leases of live stock
415
Agreements to manufacture on shares a cheese factory
416
Bailments for services illustrations
417
418 Subject continued border cases
418
419 Bailments for repair
419
Bailees Right of Property and Lien
420
Subject continued
421
Ground and extent of lien
422
How waived or defeated
423
Assertion and defence of lien
424
Losses ly whom borne Insurance
425
Hire of Labor and Services generally under a general retainer skill
426
Degree of Intelligence and Skill required of experts physicians
428
Skilled workmen engineers architects
430
431 Engish and American rule
431
432 Ministers and elergymen contracts
432
Contracts for Personal Services Specific performance of
433
Not assignable
434
Breach of damages
435
An infants contract for work apprentice 437 Agreements to work for a term recovery of wages
437
Effect of sickness or death on contract
438
Delays caused by employer rccision of contract
439
Damages for breachwhen waived
441
Accepting goods made to order effect
442
Bailments for Labor and Services resumed
443
Care and skill required
444
Rule when not employed in his vocation
445
Diligence required losses by theft proof
446
Fulfillment of the Contract required to vest bailee with title
447
Bailees demand and lien
448
The business not a franchise
450
Licenses to retail hquera Civil Damage
451
License a trust disquahfications of licensee tavern bills
452
Hotels inns taverns character
453
Whe are not innkeepers
454
455 Who are Guests t Actually and Constructively
455
At an inn also kept as a boardingheuso agreement forhoard effect
456
Entertained under a special contract
457
Taking refreshments
458
Deliver to an Innkeeper no form of delivery roq uircd
459
Usages delivery of parcels or property
460
Recent statutes money jewels and ornaments
461
Responsibility of Innkeepers Ground
462
Application of the rule
463
Not liable for act of God or public enemy
464
Contributory negligence rule as to 466 Illustrations of the rule
466
Statutes quahfying Liability
467
Construction
468
Common law right to linnt liability
469
When liability begins and ends
470
Innkeepers duty to receive Guests
471
Private and public action against him for a refusal
472
Innkeepers Lien
473
Extent of the lien
474
Not specific waiver
475
How made available
476
Lien given to boardingheuse keeper liability
477
Statute regulations common law I
479
Special Carriers Towing Boats
481
Continued Character of the ship
482
Post Office Department Liability of postmasters
483
Continued Local postmaster
484
485 Mail contractor liability
485
586 Telegkaph Nature of service by 487 Liability of telegraphic companies
487
Right to make rules and regulations
488
Liability to the sender burden of proof J 490 The companys contract sending beyond the line
489
Common carriers of live stock
520
safe and sufficient cars
526
CHAPTER X
532
Defence of common law ruleby Ch J Bronson
535
Modern tendencies 537 Act of GodFreshetsStormsFrost
537
Delays and damage from snow and frost
538
539 Deviations act of God during
539
Carrier must ohey instructions
540
When he brings goods under act of
541
Tho term exelndes human agency obstructions in channel
542
Losses by fire exceptions by statute
543
Violent act of naturo sndden gusts of wind
545
Act of God not equivalent to perils of the sea
546
Public Enemy losses by 548 Ground of the general rule
548
Character of insurer
549
Chargeable at law and under his contract
550
Implied minor stipulations
551
Carriers liability may bo limited
552
Cannot impose his own terms
553
Public NoticesUistory and Effects
554
Parcels scope of English statute of 1830
558
559 Effect of statute remedies under
559
Receipts checks tickets notices
560
Rcccipt of goods embodying contract 502 Freedom of contract exemptions from liability y 563 Unlawful stipulations for exemption 504 Exemptio...
565
Railroad carriers liability to servants
569
5f 8 Information carriers right to demand 509 Actual notice effect of 570 Baggage not delivered to carrier
570
Delivery of checks
571
52 Through contracts a continuous line 573 New York statute effect of through contracts
573
Tickets and checks evidence
574
Charge for extra weight and value
575
Implied contract agent son servant
576
Through contracts for freight not implied
577
Eflect of circumstances
581
5fl6 Exceptionsperils of the seas
587
Stipulation for demurrage
593
Losses from bad packing
599
Duty to drawer for all losses not excepted
606
Under State statutes
607
Jettisoncontribution
612
Freight when
616
Duo delivery by land carriers by coach or by express
618
English rule 579 Through lines i 580 Goods specially addressed
628
Failure to comply with statute lights
631
Character hew assumed duty to roceive and carry
633
Duty in making delivery
634
63 Bailee cannot resist true owner
635
Right to freight on delivery
638
The contract essence of hew made Delay damages
640
Mechanics lien by statute
642
Proof of conversion by misuser
643
Goods to be returned or paid for 350 Wareheusemans lien origin of 351 Right to roceivo goods and pay freight custom 352 Receipts of grain in st...
646
Action fur refusal to receive and carry
650

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Sida 598 - All vessels, whether steam-vessels or sail-vessels, when at anchor in roadsteads or fairways, shall, between sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet above the hull, a white light in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light, visible all around the horizon, and at a distance of at least one mile.
Sida 539 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theatres, and other places of public amusement...
Sida 598 - ... on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side.
Sida 150 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Sida 600 - When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard so that each may pass on the port side of the other.
Sida 409 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
Sida 599 - Boats and other open boats shall not be required to carry the side lights required for other vessels ; but shall, if they do not carry such lights, carry a lantern having a Green Slide on the one side and a Red Slide on the other side ; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision...
Sida 600 - Ship shall keep out of the way : but if they have the Wind on the same Side, or if one of them has the Wind aft, the Ship which is to windward shall keep out of the Way of the Ship which is to leeward.
Sida 616 - Nothing in the five preceding sections shall be construed to take away or affect the remedy to which any party may be entitled, against the master, officers, or seamen, for or on account of any embezzlement, injury, loss, or destruction of merchandise, or property, put on board any vessel, or on account of any negligence, fraud, or other malversation of such master, officers, or seamen, respectively, nor to lessen or take away any responsibility to which any master or seaman of any vessel may by...
Sida 600 - If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.

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