right to redeem pledge. 312-316. when action accrues, 321-324. LIVE STOCK, transportation of, 678687.

liability of carriers for, 678-683.
special contracts, €34, 685.
relation, proof, defences, 636, 687.
losses from proper vice of, 680–682.
leases of, 415.

LIVERY-STABLE KEEPER, duty in letting or leasing horses and carriages, 373, 374.

LOANS, of things to be replaced, 41, 120, 121. 154.

of negotiable paper, 123, 196, 197.
for use, gratis, 120-125.
See Gratuitous Loans.

LOCATIO OPERIS, contract of, 3, 410425.

illustrations, 417, 418.

Loss, of bond or note, proof of to recover in trover for them, 270. effect of showing, on burden of proof, 62, 63, 158, 159,172, 171. or proof of a total failure to return or account for, 354, 390, 400.

in suits against carriers, 611, 663672.

by whom borne, 148, 149, 171, 172,
290, 425.

during unlawful detention, 311.
proximate cause, 539-541.

under a policy of insurance, 589. LUNATIC, cannot contract, 14, 15.

liable for losses he causes, 14-16. MAILS, contractors to carry, liability of,

485.

MANDATARY, duty to act with caro, 7886.

he is under a contract, 87-90.
a bank acting as, 91.
directors of corporations, 92–95.
his executory contract does not
bind, 74-77.

misfeasance and non-feasance, 77.
remedies against, 93–105.
choice of remedies, 97, 101.

he is under au obligation, 93, 99.

SECTIONS.

MANDATARY, accepting a trust for a third party, 86, 100. trover against by bailor, 102. bailec's right of action, 103. when either may sue, 104.

what actions owner may bring, 105.
burden of proof in actions against,
106, 107.

proof of conversion by, 108.
when trover does not lie, 109.
assumpsit, 110.

effect of recovery in trover on ti-
tle, 111.

damages recoverable, 112.

formis of action, 113.

termination of contract by death, 114-116.

by death of mandator, 117. ways of terminating, 119. MANDATES, nature of contract, 74, 8795.

subject of contract 75, 76.

feasance and non-feasance, 77.
rule of diligence under, 78-85.
remedies under contracts of, 93-105.
burden of proof in actions relating
to, 103-110.

effect of recovery in trover, 111.
measure of damages, 112.

termination of contract, 114-119. MANDATOR, who is under the civil law, 75, 76, 77.

his knowledge of bailee's character, 83.

delivery to keep or return, 85.
right of action in assumpsit, 86,
110.

delivers on request, 88, 89.
where there is no delivery, 90.
delivery for a service, 90, 91.
committing a trust to agente, 91,
92-95.

his remedies against his bailee,
96-102.

his recovery in trover, 104, 111. when trover does not lie, 109. burden of proof in suits by, 106, 110.

damages recoverable, 112.

old and now firms of suit, 113. termination of contract, 114-116,

119.

death of mandator, 117.
contract by letter. 118.

MANDATUM OR MANDATE, defined, 3. considered 74–119.

MARRIAGE, effect of on bailment, 119. MARRIED WOMEN, common law disability, 13, 119, 127.

powers of under statutes, 13, 190. MASTERS OF VESSELS, common carriers, acts and contracts of, 590, 594.

SECTIONS.

MASTER OF VESSELS, charter-party,
how enforced, 595.

collect freight of consignee, 592.
claim for demurrage, 593.
MEASURE OF DAMAGES, general rule,
112, 677.

See Damages.

MECHANIC'S LIEN, an extension of the
common law principle, 449.
MERGER, doctrine of, 318.

does not apply where a collateral
is taken on a debt, 318-321.
MINISTERS, Contracts of-implied con-
ditions in. 432.

MINORS, cannot bind themselves 13, 14,
126, 189.

contracts for services by, 378, 436,
437.

pledges and mortgages by, 189.
liable for torts, 378.

right of action against carrier, 698.
MISFEASANCE, what is, 77.

distinction between it and non-fea-
sance, 77.

MISTAKE OF FACT, effect of depends on
circumstances, 117.

as in a misdelivery, 162, 348, 406,
627.

or misappropriation of goods, 70-
73, 169, 311.

by a conductor on a train, 694.
by a common carrier, 627.
MISUSER, conversion by depositary, 39,
40.

by denial of bailor's rights, 58-60.
by breaking packages or using
articles, 67.

by unlawful disposition of, 70–73.
by a mandatary, by misdelivery or
by a wrongful sale, 99-102, 107-

109.

by a borrower, 125; by an infant,

126; after a demand made, 152.
reasonable use by a receiptor, 32.
by pledgee's wrongful sale, 267, 257,
258.

or irregular sale, 291, 292, 324.
appropriation of property, 301, 311.
misappropriation of negotiable pa-
per, 305, 206.

of power over title, 258, 267.
under a hiring of chattels, 379-383,
402.

MONEY, carriers of without hire, 84, 86,
81, 89.

deposit of in court, &c., 12.

package not to be broken, 67, 97.
not to be delivered to other parties,
99, 115.

failure to carry and deliver, 106, 110
safe-keeping of, 81, 136.

action for money on deposit, 36, 40,
41, 175.

SECTIONS

MONEY, refusal to deliver, 98, 175.
deposit of at an inn, 461.
carriers of money, 503, 516, 520,
529, 530, 565, 567.

what amount may be carried as
baggage, 529, 530; kept in a par-
cel, 57; undervaluing amount,
567, 530.

losses in a stateroom, 571.
in palace car, 571.

under statutes, 554-556, 557-559.
limiting amount of liability, 561,

565.

must be duly delivered, 526, 529.
loss of in hands of a passenger
697.

MORTGAGES, of real estate, 178.
Seo Chattel Mortgages.
MUTUUM, nature of contract, 120.
valued loans, 154.

NAVIGATION, skill required of carrier
in, C03.

of a ferryman, 505-507.

with reference to the channel, 542.
in sudden storms, 544, 546.

rules of passengers, 732-735, 741.
collision without fault,737, 745, 746.
in passing, &c., 739.

in carrying lights, 728.

sailing vessels meeting, 742, 743.
steam vessels, 744.

effect of not obeying statute, 747-
749.

master's duty and authority, 750.
NEGLIGENCE, degrees of recognized,5–7.
criticised and recognized, 7.
rendering depositary liable, 43-51.
or mandatary, 78-83.

slight negligence, what, 6, 135-137.
ordinary negligence, what, 6, 234–
244, 329-345.

gross negligence, what, 6, 43, 78-83.
gross not the same thing as fraud,

47.

in a bailee for hire, 329-333, 344,
345, 359, 334, 426, 444.
in a pledgee, 234-244.
in a quasi-carrier, 480.

in a telegraphic company, 486-494.
in an innkeeper, 462-463.
in a common carrier, 532-551.
in a passenger carrier, 707-731, 732-
750.

of a man in his calling, 425.
of professional men, 427-432.
of trustees and agents, 92-95, 84, 77.
is failure in duty, 3-5, 6-9.
NEGOTIABLE PAPER, conver-ion of, 98.
effect of a deposit of, 11.

action of trover for, 33, 270.
collection by a bank, 77, 90, 91.
by an express company, 90.
engagement to pay at a bank, 89.

SECTIONS.

NEGOTIABLE PAPER,loan of for accommo

dation, 122, 139, 305.

pledges of, 176, 196, 197, 205, 222.
endorsing over note secured by a
mortgage, 185.

right to make pledge of, 191, 192,
193, 196, 197, 205, 222.
pledgee's duty in preserving, 238-
244.

collaterals to be given up on pay

ment of note secured by, 256. collaterals not be sold, 257, 258, 263. pledgor may sell, 268; collection of, 269.

borrowing on note with pledge, 283, 284, 304, 305.

Crafts against consignment, 288

290.

pledgee may not sell, 293.

must account for interest on, 300. rights of purchaser or advancor, 304-308.

merger of in higher security, 318. creditor's failure to preservo and apply, 319.

or collect, 320.

effect of a bar of the debt, 321-324. express carriers of assuming to collect, &c., 516, 607.

common carriers of, 529, 554, 555560.

NON-DELIVERY, on demand, when a conversion, 42, 58-54, 353, 377. or failure to return-by depositary, 29, 30, 54-64.

by mandatary, 95–119.

by borrower, 160-175.

by pledgee, 293-300, 301-311, 312324.

by hirer, 400, 405-409.

or baileo for labor and services,
417-419, 424.

by common carrier, 615-633.
by innkeeper, 460–467.

by warehouseman, 348, 349, 353.
by wharfingers, 362.

NON-FEASANCE, what is, 77.

by agents and trustees, 84.
under a gratuitous promise, 86.
under a trust, 88-95.

by a servant, 396-398.

NOTES AND BILLS OF EXCHANGE.
See Negotiable Paper.

NOTICE, effect of carrier's notice, 566, 567.

may become parcel of a contract, 569.

considered from, 554-560, 567–569. use of to prevent fraud, 567, 563. not a basis to raise an implied con

tract on, 554-560.

no assent to presumed, 560, 569. on tickets not binding, 560.

SECTIONS.

NOTICE OF SALE, in foreclosure, 278– 287.

affected by agreement, 283-286, 288. where the title is transferred, 289– 293.

NOTICE TO PRODUCE papers, when not required, 36, 270.

NUDUM PACTUM, effect of, 24, 87-91. gratuitous loans, 128-134. OFFICERS, liability of for failure in duty, 483-483.

sheriffs, receiptors, 25-35.
of corporations, 92-95.
deposits left with, 41.

ONUS PROBANDI, in actions against a depositary, 62-64, 70.

respecting right to use, 65-70.
respecting the title, 63, 71-73.
in actions against a mandatary,
106-110.

in actions against a borrower, 155-
139.

respecting duty of restitution, 160-
169.

under bailments for hire, custom,
341, 354, 390-402, 524.
injury and subsequent loss, 346.
407.

misdelivery, 348, 406.

against innkeepers, 465, 466, 479. against common carriers, proof of delivery to, 523-531.

presumed liability, 548-551, 561, 604-307.

under a bill of lading, 561. contract implied, agent, son, servant, 576.

respecting through contracts, 577

583.

receipt in bill of lading, 585, 640.
under exceptions in, 586-391.
respecting freight and demurrage,
592-594.

delays, losses and damages, 603-614.
delivery by carrier, 615-333.
rests on which party, 668-671.
under special contracts, 672, 637.
proof of negligence, 711-715.
contributory negligence, 716–721.
intoxication, racing, &c., 722,
723.

ORDERED GOODS, when title passes,
412, 413, 623, 643, 590, 370.
goods delivered on trial, 85, 124.
loaned to be returned in kind, 120,
121, 370.

agreements to pay in goods, 164– 163.

sales of goods on a condition, 188. delivery in anticipation of loan, 233.

sale of goods in the hands of a bailee, 347.

SECTIONS.

ORDERED GOODS, goods to be returned
or paid for, 349, 387.

to be manufactured on shares, 416-
418, 447.

goods ordered to be made, 411, 412,

413.

ORDINARY DILIGENCE, what is, 4, 5.
by a pledgee to preserve pledge,
234-214.

by a hirer to preserve chattels, 328-
330, 334.

by an infant hirer, 378-380.
by the bailee's servants, 389-398.
in restoring the goods, 400-409.
by a bailee for services, 444.
required of special carriers,480,517.
by common carriers under special
contracts, 554-530, 562-569, 598,
604-609.

diligence required of gratuitous
bailees, 43-51, 78-85, 92-95.
diligence required of a borrower,
135-137.

ORDINARY NEGLECT, what is, 4, 5, 234-
237, 311.

under a contract of hire, 329, 330,
384.

in storing goods, 333, 342-346.
by a forwarder, 332-335.
by a wharfinger, 356–362.

OWNER, when charterer so considered,
558,559.

charterer's right to freight, 653.
under charter party, 595, 653.
OWNERSHIP, presumed in favor of de-
positor, 54-58, 63.

rights resulting from, 69-73.
acts and events affecting, 119.
when changed by judginent and
satisfaction, 111, 174.

transferred pending bailment, 347.
effect of bailment upon, 18, 19, 120,
121, 176.

of a bailment for services, 410-415-
419, 447.

under a chattel mortgage, 179–188.
under a pledge, 176, 186, 191, 209–
219, 249, 279.

PACKAGES, not to be opened, 97, 98.
PACKING, fault in does not relieve car-
rier, 599.

PARTIAL ENJOYMENT, of things borrow-
ed, 128-134.

of things hired, 375.
PARTIES, death of parties to a bailment,

114-119.

competent to contract, 13, 17, 126.
married women, 13, 127, 190.
non compos mentis, 14.
infants as, 14, 189, 378.
imbecility of mind, 15.
from intoxication, 16.

relation towards each other, 173.

SECTIONS

PARTIES, property in parties to a
pledge, 245-278.

parties to action against carriers.
665-667.

PARTNERSHIP, between common earri.
ers, 572-579.

action of tort not based on, 658.
PART-PERFORMANCE, of contract for
work, 437, 438, 439.

effect of on right to recover, 433-

441.

PASSAGE MONEY, paid in advance, 639.
PASSENGERS, see Carriers of Passengers.
PAWNEE, see Pledgee.
PAWNOR, See Pledgor.
PAWNS, see Pledges.
PAYMENT UNDER PROTEST, of freight to
a carrier, 521.

to gain possession of goods, 521, 640.
PAYMENT, in specific articles, 164-168.
of debt secured by pledge, 230, 296,
309-311.

of debt secured by mortgage, 183.
how applied on several debts, 273,
274.

on demand, 41, 231.

of freight by consignee, 591-593.
demand of on a secured note, 256.
applied to relieve surety, 272.
PENALTY, cannot be stipulated for, 250,
298.

PENSIONS, not to be mortgaged or pledg-
ed, 203.

when capable of being pledged, 204.
PERILS OF SEA, LAKE OR RIVER, what
are, 586.

exemptions from, 586-589.

jettison, contribution for, 587, 612.
collision of vessels, 546, 737, 745.
PERISHABLE GOODS, lost by carrier's
fault, 597, 598.

from bad packing, 599.
natural decay, 598.

duty to send forward, 609.

losses from the nature of the prop
erty, 679-686.

proper vice of live stock, 630-682.
PHYSICIANS, Contracts by, 427, note 77.
malpractice, 427, 428.

PILOTS, liability for conduct of, 603.

carrier must answer for, 603.
PIRATES AND PIRACY, what are, 547.
carrier not liable for, 547.
PLACE OF RESTITUTION, by depositary,
54-62.

by mandatary, 96-102.

by borrower, 160-169.

and mode by pledgee, 298-300.
by bailees for hire, 400, 405-409.
PLEADINGS, in different actions, 96-105.
affecting burden of proof, 86, 106–
113, 1.5-159.

in actions to redeem, 312–316.