Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law

Joseph Story

Hilliard and Brown, 1832 - 411 sidor

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CHAPTER I	1

Division of Bailments into three sorts	3

Deposit definition	4

Mandate definition	5

Gratuitous Loan for use definition	6

Pledge or Pawn definition	7

Hiring definition of and various sorts	8

Obligations of Bailee in different sorts of Bailments Difference of Legal and Moral Obligation	9

Revocation of Mandate by operation of	207

Revocation by the act of Mandator by the Civil Law when good	208

Revocation by the act of the Mandator by the Common Law when good	209

Countermand of Delivery to a Third Person when good	210

Bankruptcy of the Mandator a revocation by operation of	211

Burden of Proof on whom it lies in cases of Loss or Injury of Mandate	212

The same subject	213

An anomalous case of Negotiorum Gestor	214

The same subject	10

Diligence three different degrees of Ordinary Diligence what	11

Standard of Diligence variable	12

And different in different Countries and Ages	13

Diligence affected by Customs and Usage of Trade and Business	14

And by Nature Bulk and Value of Articles	15

High or Great Diligence what is Low or Slight Diligence what	16

Degrees of Negligence Slight Ordinary and Gross	17

The like degrees in the Civil	18

Gross Negligence whether equivalent to Fraud	19

The same subject	20

The same subject	21

The same subject	22

Degree of Diligence required in different sorts of Bailments at the Common	23

And in the Civil	24

Bailees not liable for inevitable accident what is such Irresisti ble force what	25

Robbery how far deemed Irresistible Force	26

Theft how far deemed Irresistible Force	27

Burglary how far Irresistible Force	28

Other cases of Casualties at the Common	29

And in the Civil	30

Exception in cases of Special Contract	31

Bailee cannot contract against his own Fraud	32

Responsibility of Bailee may be enlarged by Special Contract	33

So by the Civil	34

Effect of Special Contract to keep safelywhether Bailee is liable for Robbery or Theft	35

Or in such case for Accidents	36

How far such a Bailee is liable by the Civil	37

Private Theft whether Presumptive of Fraud at the Common	38

The same subject	39

Confusion of Property by Bailee	40

CHAPTER II	41

The same subject ON DEPOSITS	42

From what the word is derived	43

Division of Deposits into Voluntary and Necessary	44

Another Division into Simple Deposits and Sequestrations	45

How far these Divisions are recognised at the Common	46

Difference between Deposit and Mutuum	47

Principles of the Contract arise from Natural	48

Divisions of the subject	49

By and between what persons the contract of Deposit may	50

What may be the Subject Matter of a Deposit	51

What title Depositor must possess Secondary Bailments	52

Effect of Return of Deposit to owner	53

How and when an Accessorial thing passes with a Deposit	54

What is of the Essence of the Contract of Deposit the thing	55

The same subject	56

The same subject	57

The same subject	58

The same subject mistake Delivery to keep the thing Custody must be gratuitous Delivery must be to a third person Delivery	59

The same subject Examples	60

Obligations of Depositaries To keep with care and to restore on request	61

What is Keeping with reasonable Care	62

Whether sufficient for the Depositary to keep as he keeps his own goods	63

The same subject	64

The same subject Rules in the Civil	65

The same subject Rules in the Common	66

The same subject	67

Lord Cokes Doctrine on the same subject	68

Southcotes Case statement	69

The same subject	70

The same subject	71

An undertaking to keep not equivalent to undertaking to keep safely	72

Effect of undertaking to keep Deposit as Bailee keeps his own goods He is not liable for theft	73

Effect of undertaking to keep goods in a particular place	74

Effect of Concealment of Contents of Deposit	75

The same subject Bonions case	76

The same subject	77

The same subject General principle of the Common	78

Presumption of due Diligence if Bailee keeps the Deposit as he keeps his own goods	79

Exceptions as to the general rule of Diligence 1 Special Con tract 2 Officious Offer of Services	80

Whether an Officious Offer by Depositary changes the rule as to the Diligence required of him	81

The same subject	82

Rule as to Diligence in cases of Necessary Deposits	83

Irregular Deposits what	84

QuasiDeposits by finding goods Responsibility of Finder 85a Whether Finder is responsible for Gross Negligence	85

The same subject	86

The same subject	87

Bank Deposits General and SpecialEmbezzlement by Offi cers of the Bank	88

Use of Deposit how far Depositary may use	89

The same subjectat the Common	90

The same subject in the Civil	91

Remedy in case of Breaking open a Sealed Deposit	92

Whether Depositary has a Special Property in the Deposit or maintain an Action for Injury to	93

The Right of the Owner to maintain an Action against a Stranger for Injury to	94

The Civil Law on this subject	95

Restitution of Deposit Obligation of Depositary	96

gence required of Depositary	97

Formerly a doubt at the Common Law whether Depositary was bound to restore	98

Restitution of the Increase and Profits of Deposits	99

Sale of Deposit by Depositary effect	100

Sale by Heir or Administrator without knowledge of the Deposit	101

To whom Restitution of Deposit is to be made	102

In case of Intermediate Transfer of Title by Depositor Effect of Remittance to pay a Debt	103

Whether Bailee may restore to his Bailor notwithstanding an adverse claim Countermand by Bailor	104

Rights of Owner in case of a Second Bailment by his Bailee	105

To whom restitution should be where Deposit has been made by a Servant	106

When demand necessary to be made by Depositor	107

How restitution to be made according to Civil and Foreign	108

Deposit by Guardians Administrators and Trustees to whom restitution is to be made	109

What is to be done in cases of Adverse Claims by Different Per sons	110

Interpleader what and when and between whom it lies	111

The same subject	112

The Civil Law and Foreign Law on the same subject	113

Restitution in cases of Joint Deposit Remedy of Depositary in such a case if One Joint Depositor seizes the Deposit	114

The Civil Law in cases of Joint Deposits	115

Responsibility of Joint Depositaries	116

Restitution of Deposit in what place	117

The same subject	118

Restitution whether demandable before Expiration of Time of Deposit	119

Restitution what will excuse the Depositary or entitle him to Time to make Return Recovery by Title Paramount	120

Expenses of Depositary to be reimbursed whether he has a lien	121

Effect of unjustifiable Refusal to restore the Deposit Future Responsibility of Depositary	122

When Interest or Damages payable on account of Detention	123

Deposits of Goods attached on Process	124

Rights of the Attaching Officer in cases of Deposits on Attach ments	125

When the Attaching Officer may demand the Deposit attached Effect of Judgment and Subsequent Attachment	126

The Attaching Officer may retake the goods attached from the possession of the Debtor	127

Responsibility of the Attaching Officer to the Debtor	128

Rights of the Creditor in such cases of Attachment and Deposit	129

The Duties of the Attaching Officer what degree of Negligence will make liabie	130

Who is to indemnify the Attaching Officer for his expenses in keeping the Goods attached	131

The Rights and Duties of the Attaching Officers Bailee	132

Whether the Bailee has a Special Property in the Goods attached	133

Notice of the French Law in cases of Attachments and Sequestra tions	134

Effect of Attachment as to the Rights of the Owner of the Goods	135

Conclusion of the head of Deposits CHAPTER III	136

Mandate Definition	137

Mandator Definition of Mandatary Definition	138

Contract of Mandate recognised in Common	139

Distinction between a Deposit and a Mandate 6	140

Contract of Mandate at Common Law confined to Personal Prop erty not so in Civil	141

What Agencies are deemed Mandates in the Civil	142

Nature and Character of the Contract of Mandate	143

What is of the Essence of a Mandate	144

The matter of the contract Acts in futuro	145

Certainty in regard to the object and of the Mandate	146

The Act must be for the Benefit of the Mandator by Another as his Agent	147

It must be capable of being done	148

It must not concern the Interest of the Mandatary alone Joint Interest	149

The Mandatary has not a Special Property in the thing	150

How far the Act must be for the Benefit of the Mandator or	151

Third Person 152 Right of Mandatary to maintain an Action for a Wrong to the thing	152

The Contract must be gratuitous Difference between Counsel and Attorney	153

Expenses of Mandatary to be reimbursed	154

The Contract must be voluntary without mistake or fraud	155

Rules of the Common Law on this subject	156

The same subject	157

The Contract must not be illegal or against sound morals	158

Cases of Breach of Trust by Trustees Guardians how Mandates affected	159

No particular form or ceremony to create a Mandate	160

The Contract of Mandate may be absolute or conditional tempo rary or permanent	161

Parties between whom the Contract may be made	162

Obligations of the Mandatary	163

Whether the Mandatary is legally bound to perform the act	164

the Civil Law 165 Whether he is so bound by the Common	165

The same subject	166

Reasons for the Common Law distinction between cases of Non fesance and Misfesance	167

The same subject	168

The same subject	169

The same subject	170

The same subject	171

Cases of negligent execution of a Mandate governed by the same rule as Misfesance	172

What degree of Diligence the Mandatary is responsible for by the Civil	173

What degree by the Common	174

Whether there is any Distinction as to Degree of Diligence be tween cases of Mandates to do work and to carry goods	175

The same subject	176

The same subject	177

The same subject	178

The same subject	179

The same subject	180

The same subject	181

Opinion of Dr Paley	182

Presumption of Diligence if Mandatary keeps the goods as he keeps his	183

Illustrations of the doctrine	184

The same subject	185

Degree of Diligence to be proportional to Value of the Goods and Danger of Loss or Injury	186

The Scottish Law on this subject	187

Misuser by Mandatary Violation of Trust effect	188

Quasi Contract of Negotiorum Gestor what	189

Illustrative Case at the Common	190

Account to be rendered by Mandatary how and when	191

What Deductions to be allowed to Mandatary	192

The Expenses and Disbursements of Mandatary to be allowed	193

The Increase and Profits of Mandate to be accounted	194

Joint Mandataries liable in solido	195

Obligations of Mandator	196

In relation to Expenses of Mandatary	197

In relation to Incidental Contracts of Mandatary	198

Contracts of Mandatary how far binding on Mandator	199

How far Mandator is bound to indemnify Mandatary for Expenses	200

Opinion of Dr Paley on this subject	201

How the Contract of Mandate is dissolved 1 By act of the Party 2 By Death of Mandatary Case of Death of one Joint Mandatary	202

Death of Mandator when it dissolves the contract	203

Effect of Death in case of part execution	204

Difference of Civil and Common Law on this subject	205

When Contract dissolved by Change of state of the Parties as Marriage Insanity	206

Exceptions from the general rule as to Diligence	215

Case of Mutuality of Interest Degree of Diligence required	216

Case of a Slave running away	217

Conclusion of the head of Mandates	218

Gratuitous Loans definition	219

The same subject	220

No English word exactly expresses the meaning of Commodatum	221

The use of the word Loan in this Treatise	222

What is of the essence of a Gratuitous Loan It must be Personal	223

Property	224

It must be for the use of the Borrower	225

Joint use of Lender and Borrower effect	226

Contract may be limited conditional and during pleasure	227

The thing loaned to be returned Case of Mutuum	228

Between what persons the contract may be made	229

Whether the Lender need be the absolute Proprietor	230

The Rights of the Borrower Use	231

Limitation of Right to	232

Illustrations of the doctrine	233

When the Loan is personal	234

The same subject	235

The Obligations of the Borrower	236

Degree of Diligence required of Borrower	237

The same subject	238

Degree of Diligence how varied Theft when Borrower respon sible	239

Borrower not liable for Accidents	240

Except when he is in default	241

Loss by Robbery when Borrower is responsible	242

Effect of Fraud and fraudulent Concealment	243

Losses by Accident in case of Ordinary or Extraordinary	244

In case of Fire whether Borrower may save his own Goods in preference	245

The same subject	246

The Doctrine of Sir William Jones and Pothier doubted and dis cussed	247

The same subject	248

The same subject	249

The same subject	250

The same subject	251

Exceptions to the general rule of Diligence	252

Effect of Valuation of the Loan	253

The same subject 254a The Use to be made by the Borrower	254

The same subject	255

Expenses of Borrower by whom to be borne	256

The Restitution of the Loan how and whenRules of the Civil	257

Rules of the Common Law Of Revocation of Loan	258

Effect of Delay in Restitution	259

Accessorial things to be delivered back	260

Place of Restitution	261

To whom Restitution is to be made	262

Special Excuses for nonreturn	263

Borrower cannot detain for prior Debt	264

To whom Restitution is to be made	265

In case of Title by a Stranger	266

In case of Joint Loan	267

Condition in which the thing is to be returned	268

How far receiving the thing back affects Damages Right of action for Injuries	269

Obligations of the Lender	270

As to the Use of the thing How far Bailment revocable	271

Disturbance in use by a Stranger	272

Reimbursement of Expenses by Lender by the Civil	273

By the Common	274

Concealment of Defects by the Lender	275

Restitution of thing after paid for by Borrower	276

Revocation of Loan by act of the Party	277

Burthen of Proof on whom in case of Loss or Injury	278

Borrower has no Special Property in the Loan	279

But he has a Right of Action in certain cases	280

Degree of Skill	281

Comment on certain Portions in Rich v Aldred 6 Mod R 216	282

Comment on a case of Mutuum 19 Johns R	284

Conclusion of the head of Gratuitous Loan	285

Definition of a Pawn or Pledge	286

Distinction between a Pawn and a Mortgage	287

Hypothecation without Possession in what cases	288

The Essence of the Contract of Pawn or Pledge	289

It must be of Personal Property	290

How far the Pawner need be Owner of the Pledge	291

Increase of Pledge whether subject to the Contract	292

What may not be pawned by the Civil and Common	293

Whether any Future Interest the proper subject of a Pawn	294

Limited Title of Pawnee	295

Pawn of Negotiable Instruments	296

Delivery of the Pawn Necessity of at Common	297

How far necessary by Civil and Foreign	298

Effect of Redelivery	299

For what Debts and Engagements a Pawn may be Security	300

Extent of the Security	301

Pawn Contract of between what Persons	302

Rights of Pawnee Special Property	303

Whether Pawn may be retained for other Debts	304

Rule of the Civil Law on this subject	305

Expenses of Pawn	306

Special Property in Pawn how far by Civil and Foreign	307

Sale of Pawn	308

The same subject	309

The same subject	310

Distinction between Pawns and Liens in regard to Sale	311

Rights of Creditors on Proceeds of Sale	312

The same subject	313

Sale of Pawns when composed of different Articles	314

Right of Pawnee to sue personally for the Debt	315

Whether Pawnee can be compelled to such Suit by the Civil	316

Effect of Stipulation prohibiting Sale	317

Right of Pawnee confined to Sale	318

Sale must be bona fide	319

Whether a Pawnee is compelled to sell	320

Negotiable Securities in Pawn how disposed of Compromise with Debtor	321

Transfer of Pawn by Pawnee	322

Transfer of Negotiable Securities	323

Transfer by Pawnee in Pledge	324

Common Law Doctrine of Pledge by Factors in England	325

In America	326

Pledge by the Pawnee when good by the Common	327

By the Civil	328

Use of the Pawn by Pawnee	329

The same subject	330

Use by the Civil	331

Duties of the Pawnee Diligence what Degree required	332

Whether Theft is presumptive of Fraud	333

The same subject	334

The same subject	335

The same subject	336

The same subject	337

The same subject	338

Duty of Pawnee to return Pawn Onus Probandi in case of Loss	339

When Pawn may be delivered to original Owner if he is not	340

Effect of Refusal to return the Pawn	341

Liability of Pawnee for Acts of Omission as well as Commission	342

Pawnee how and when to render an Account	343

Antichresis what in Civil Law Welsh Mortgage	344

Rights of Pawner Right of Redemption	345

Time of Payment Lapse of Time	346

Prescription and Statute of Limitations	347

Time to redeem when not fixed by the Parties	348

Effect of Sale before Offer of Redemption	349

Sale and Transfer by Pawner	350

Damage to Pawn	351

Pawnee has a Special Property Action for Damage by a Stranger	352

Pawns not seizable on Execution	353

Duties of Pawner Warranty of Title	354

Concealment of Defects of Pawn	355

Fraud by Pawner	356

Reimbursement of Expenses of Pawn	357

The same subject	358

Extinguishment of the Contract of Pawn	359

The same subject	360

The same subject Higher Security	361

The same subject Bar by Lapse of Time	362

The same subject Pawn perishing by Accident	363

The same subject Release	364

Common Law on this subject	365

Local Law of Massachusetts respecting Attachments by Pawner	366

Conclusion of the subject of Pawns	367

Contract of Hire LocatioConductio Definition	368

Parties Denomination of in Common Civil and Foreign	369

Division of Contract of Hire into four kinds	370

Nature of the Contract	371

Essence of the Contract	372

The same subject	373

The same subject Price	374

The same subject	375

The same subject	376

The same subject Pecuniary Recompense	377

Obligations of the Contract of Hire	378

Illegal Contracts what	379

Between what Parties the Contract may	380

Consent MistakeImposition	381

Obligations and Duties arising from the Contract	382

Obligations and Duties in cases of Hire of Things	383

Delivery of the Thing	384

Obstruction to	385

Sale by the Letter	386

Warranty of Title	387

Repair of thing hired	388

Extraordinary Expenses	389

Warranty against Defects	390

Concealment of Defects	391

The Common Law on this subject	392

Hirer to maintain Animals hired	393

Rights and Duties of Hirer	394

Pawner	395

Tortious User	396

Duty of Diligence	397

What Degree of Diligence required of Hirer by the Civil	398

And by the Common	399

Hirer responsible for Negligence of his Servants	400

The Rule of the Civil Law more	401

Hirer not responsible for wilful Acts of his Servants	402

Nor for Acts of Servants not in his Employ	403

In what cases the Servants also are responsible	404

Duty of Hirer in respect to Animals hired	405

Whether Theft is presumptive of Negligence	406

Theft by Servants	407

Hirer not responsible for Losses not occasioned by Negligence	408

Distinction between Cause and Occasion of Loss	409

Burthen of Proof in cases of Hire of things	410

By the Civil and Foreign Law 412 Losses by Robbery 413 Duty of Hirer in the Use of the thing hired 414 Restitution of thing hired 415 Time and Pl...	411

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Bibliografisk information

Titel	Commentaries on the Law of Bailments: With Illustrations from the Civil and the Foreign Law
Författare	Joseph Story
Utgivare	Hilliard and Brown, 1832
Original från	Harvard University
Digitaliserad	22 sep 2008
Längd	411 sidor

Exportera citat	BiBTeX EndNote RefMan

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