A Treatise on the Law of Bailments

Framsida
Gould, Banks & Company, 1855 - 667 sidor
 

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GENERAL AND SPECIAL PROPERTY
64
Monteath
69
A trespasser can acquire no title to materials of another 78
78
Garnishment and interpleader 84
84
Hulse
85
FEASANCE AND NONFEASANCE CONSIDERATION
97
106
106
And with reasonable prudence
108
Duties of bank directors
114
By the death of the mandatary when
120
Butler
122
The principals death ends an agency
126
Bush
134
CHAPTER IV
137
285
138
The borrower obtains the possession and a right of action against strangers
143
Smith
144
The rule applies to notes and bills of exchange
149
Mitchell
154
466
155
Right of countermand
156
The borrower considered a trespasser when
161
Care exacted depends upon contract
167
Boston and K Steam Nav Co Rogers v Arnold
172
Not liable for ordinary wear and decay
173
The rule of the civil law
179
Countermand
185
Wilson
186
472
189
What is a deposit
190
REQUISITES OF THE CONTRACT
192
Notice of sale necessary
198
Rights of parties not changed by death of either
204
Gross neglect what and whether fraud or not
205
A legal right to possession for a definite time may be sold
210
Phillip
217
A symbolical delivery is good
220
Surman
221
U States v Palmer
226
Presumption of negligence
227
Payments how applied when there are several debts
233
ACCESSORIAL THINGS
239
Under the civil law civil fruits
244
Our statutes prohibiting usury
245
Baxter
248
A demand necessary before sale aa
251
Pledges under Code of Louisiana
257
Slack
259
Conversion of the pledge
260
A discharge of the original debt discharges the pledge
265
Van Cleef v Fleet
267
Effect of custom in regulating the delivery
269
CHAPTER VI
274
Menlove
278
Duties of the factor and his privileges 280 281 282
280
Blunt
281
Ralston
282
474
283
To pay charges when effect of mistake in the delivery 286
286
McArthur
287
An agreement to forward goods
293
Are not common carriers
299
Shepard MEvers
302
Forwarding and commission merchants duties
304
Bound to answer for his servants 872
373
Whitney
376
The mandatary answerable for misfeasance
379
FULFILLMENT OF THE CONTRACT 380
380
Liable for ordinary care
381
Quarman y Burnett
382
CHAPTER VII
388
If a guest leave at an inn his horses he remains a guest
394
The delivery must be to innkeepers custody
400
Railroad Co v Kidd
401
Must receive all persons on same terms
409
The license system created by statute
415
Innkeeper not answerable when he does not receive
421
Morgan
425
Proprietors of stage coaches are when and how far
432
Murray
433
The employment of a vessel determines its character 438
438
Not in an unusual manner
444
He becomes a forwarder when booking goods
450
Shepherd
455
The carrier is answerable for accidents
456
Lady Carr
458
Morse
494
Wright
501
Duykinck
502
Contract to forward goods
504
Mourillyan
508
Senti
509
Horne
516
Distinction between lawful and unlawful act of government
524
Griffeths
536
Clark
543
But he is answerable for a negligent performance
556
Seward
557
Canfield
560
429
564
159
570
Langhton
571
English railway cases 572
572
The common carrier of passengers bound to receive and carry 677
580
COACHES MUST BE ROADWORTHY 686
586
CARE AND DILIGENCE REQUIRED
588
Griffeth
592
And for its exercise 591 692
593
DUTIES BY THE WAY 600
600
Snell Stagg Co v Rich
604
Lights necessary when vessels are at anchor 606 607
606
Pilcher
610
In meeting and passing 0612
612
Bell
617
Weed y The Sar and s R Co 80
640
Wilson
641
A delivery for a special purpose
643
The hirer acquires a possessory interest
646
448
648
Acts of God perils of the sea and inevitable accidents are not
649
Delivery to succeeding carrier
650
Analogy with common carrier 403 404 405
653
211
654
He must act prudently
655
How this may be done 130
656
The bill of lading cannot be contradicted
657
208
659
258
666

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Sida 32 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Sida 203 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Sida 506 - Every such corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice, and shall furnish sufficient accommodation for the transportation of all such passengers and property as shall within a reasonable time previous thereto offer or be offered for transportation...
Sida 97 - But, secondly, it is objected, that there is no consideration to ground this promise upon, and therefore the undertaking is but nudum pactum. But to this I answer, that the owner's trusting him with the goods is a sufficient consideration to oblige him to a careful management.
Sida 29 - ... destination. If they should be lost or injured by the grossest negligence of the carrier or his servants, or stolen by them, or by thieves in collusion with them, the owner would be unable to prove either of these causes of loss. His witnesses must be the carrier's servants ; and they, knowing that they could not be contradicted, would excuse their masters and themselves.
Sida 115 - If one man who is intrusted with the goods of another put them into the hands of a third person, contrary to orders, it is a conversion.
Sida 612 - Be it enacted by the Senate and House of Representatives of ike United States of America in Congress assembled...
Sida 612 - An act to amend an act entitled an act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Sida 494 - A ship trading from one port to another has not the means of carrying the goods on land, and, according to the established course of trade, a delivery on the usual wharf is such a delivery as will discharge the carrier.
Sida 620 - ... shall lade the same as freight or baggage on any vessel, without, at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same, a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof...

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