A Treatise on the Law of Bailments

Գրքի շապիկի երեսը
Bould, Banks & Company, 1855 - 667 էջ

From inside the book

Բովանդակություն

Materials made into another article title to
75
Rule of Roman and French law
78
The bailee bound to redeliver to bailor
84
Eastwood
88
Effect of use without consent 90
90
CHAPTER IV
94
The contract under Code of Louisiana 96
96
CARE AND DILIGENCE REQUIRED
102
Statute of limitations
106
And with reasonable prudence
108
V
111
Bound for reasonable care
114
By the death of the mandatary when
120
The principals death ends an agency
126
Dale
127
A loan defined
137
The borrower obtains the possession and a right of action against strangers
143
Van Antwerp v Newman
145
Has the borrower an interest in the loan as against the lender 152
152
THE LOAN IS A PERSONAL TRUST
158
The borrower considered a trespasser when
161
Menlove
164
The borrower not answerable for losses by irresistible force
167
Not liable for ordinary wear and decay
173
The rule of the civil law
179
Countermand
185
REQUISITES OF THE CONTRACT
192
Morss
199
Joslin
204
Scott
221
Schooner Reeside
231
MGraw
232
Losses by theft the rule as to care and diligence
237
Vigus
239
The pledge auxiliary to the principal debt
244
A pledge of things not capable of delivery
251
Effect of giving a pledge for an usurious debt
253
Redding v Hall
262
Felton
269
The doctrine of merger
271
The contract of pledge accessary to the principal debt
273
Duties of the factor and his privileges
282
A sale when presumed
290
Storage by a common carrier by a warehouseman
300
Effect of custom in regulating the delivery
303
Rights of parties not changed by death of either
305
HIRE OF THINGS 809
309
LIABILITY IN RESPECT TO SERVANTS 315320
315
Bailor must prove the allegations in his complaint 322
322
Hired slaves how used 328
328
Shifton
330
Prentice
332
It is ended by a loss or destruction of thing bailed 335
335
The rule illustrated by cases 342
342
The title to the thing ordered does not pass
348
BAILEES RIGHT OF PROPERTY
353
The Mayor c of NewYork
364
Anderson
367
Goods must be deposited as directed by innkeeper
400
Many
404
When his liability begins and ends his lien
407
Downer
410
Title to the property not material
413
WHAT WILL EXCUSE THE INNKEEPER 419423
419
460 501
422
Elkins
428
Proprietors of stage coaches are when and how far
432
The employment of a vessel determines its character 438
438
Not in an unusual manner
444
The manner not material if carrier receive the goods
450
And for a mistake of fact
456
Gleason
479
Barkley
491
Exceptions of the dangers of rivers and lakes 492495
492
Morse
494
When carrier to show his vessel seaworthy proximate cause
498
Contract to forward goods
504
Effect of settlement of general average
510
Railroads when depositaries 516518
516
Must store the goods how and with whom
522
Freezing of rivers stress of weather embargoes c 523
523
Delivery to succeeding carrier 529531
529
The carrier not to dispute his employers title 535
535
SALE OF PLEDGE WHEN AND HOW MADE
536
His right to demand prepayment
541
Powell
543
CARRIERS LIEN 547552
547
Remedy against carrier in admiralty
553
Phillip
554
ACTION ON THE CONTRACT against carrier 559561
559
Canfield
560
Ralston
563
BURDEN OF PROOF 565570
565
Preston
570
Laughton
571
EXCEPTIONAL CASES 572577
572
English railway cases
573
Morgan
599
The general subject
608
Howell
611
Bell
617
Any concealment avoids the loan
639
Definitions
640
294 295
642
The workman has no pay where he does no valuable service
646
WHO ARE COMMON CARRIERS definition 425 426
647
Acts of God perils of the sea and inevitable accidents are not
649
General rule of liability its rigor necessary 402 403 414
653
What is a deposit
655
How this may be done 130
656
492 493
657
But cannot be severed from the debt secured
658
208
659
297 299
662
The rule laid down by Bracton
664
Infants are capable not bound
665

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Common terms and phrases

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Էջ 33 - 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...
Էջ 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...
Էջ 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...
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 612 - Be it enacted by the Senate and House of Representatives of ike United States of America in Congress assembled...
Էջ 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...
Էջ 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.
Էջ 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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