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the property; and the merchant may dispose of the property as his own, which cannot be done in other cases.
9. A shoemaker receiving leather to manufacture into shoes, may retain the shoes until he is paid for the making;
tailor has a lien upon the garment made from another's cloth ; a blacksmith upon the horse he shoes; an innkeeper upon the horse or goods of his guest; and common carriers upon the goods they transport. But they cannot hold property for any other debt; nor have they a right to sell such property to satisfy their claim upon it. Whenever a person allows property to go out of his possession, he loses his lien
Of Partnership, and of Bailment, or the Delivering, Bor.
rowing, Carrying, Letting, f-c., of Property. 1. As much of the business of this country is done in partnership, it is necessary to learn what are the rights and responsibilities of partners. A partnership is the association of two or more persons for the purpose of carrying on any business, agreeing to divide the profits and bear the loss, in certain proportions. Persons forming a partnership, unite their money or capital. Sometimes one furnishes money, and another does the labor. Or, perhaps no money may be pecessary, but each agrees to perform his share of the labor.
2. All the members of a partnership are bound by the act of any one of them, or by any contract which either of them may make. Although they agree to divide their gains and losses, either one of them is liable for all the debts of the partnership. If one of the concern buys property on. his own account, for his individual use and benefit, he alone is liable; but though he thus buys it, if it be afterwards applied to the use of the partnership, all become liable.
3. There are cases, however, when not all who share in
9. What is said of a mechanic's or manufacturer's lien? Of an inne keeper's ?
1. What is a partnership? 2. How far are partners jointly liable ? 3
the profits are responsible; as when a clerk or agent agrees to receive a part of the profits as a compensation for his service or labor; or when one receives, as rent, a part of the profits of a tannery, tavern, or farm. In these cases, although the parties share in the profits, there is no partner. ship; and the persons who buy the stock and other materials, and hire the labor necessary to carry on their respective trades, are alone responsible.
4. One partner cannot bring a new partner into the firm, without the consent of all the others. If, therefore, a partner should desire to sell his interest to some other person, who is to take his place in the partnership, he cannot do so, unless all the partners consent to such sale.
5. All the partners must unite in suing and being sued. Sometimes, however, there are secret or dormant partners, who conceal their names; these may not join in an action as plaintiffs, but they may be sued when discovered to be partners.
6. As each partner is liable for all the debts of the concern, so each may, in the name of the firm, in ordinary cases, assign over the effects and credits to pay the debts of the firm.
7. Any partner may withdraw when he pleases, and dissolve the partnership, if no definite period has been agreed on for the partnership to continue ; but if, by the terms of agreement, it is to continue for a definite period, it cannot be dissolved before the expiration of the term, without the mutual consent of all the partners, except by the death or some other inability of one of them; or by a decree of the court of chancery. When a partnership is dissolved by the withdrawal of any of the partners, notice of dissolution ought to be given, or such partners will be liable for debts contracted by those who continue the business.
8. Another class of rights and responsibilities are those which arise from delivering and receiving property in trust,
In what cases mentioned are not all liable who share in profits ? 4. In what cases only can a partner sell his interest to a person not a partner? 5. Must all the partners join in suing and being sued ? 6, What power has an individual partner to assign? 7. In what case can any partner withdraw, and dissolve the partnership? 8. The doing of what
to be kept or used, and re-delivered, according to agreement. Such delivery and receiving includes giving and taking goods to be kept for and without reward; in security
for debt; borrowing and lending ; letting for hire ; carry. -ing, &c. These are comprehended in the word bailment, which is from bail, a French word, signifying to deliver.
19. If a person takes goods to keep and to return them without reward, he must keep them with ordinary care, or if they receive injury, he will be liable to the bailor for damage ; in other words, a bailee without reward is responsible only for gross neglect. The person with whom goods are deposited, is also called in law, depositary. A depositary may not use the goods taken into his care.
10. A person who agrees to carry goods from place to place, or to do some other act or work upon or about them, without recompense, must use due diligence in performing the work ; he is responsible for gross neglect, if he undertakes and does the work amiss; but it is thought that for agreeing to do, and not undertaking or doing at all, he is not liable for damage. Or if he has been strongly persuaded to do the act, only a fair exertion of his ability is required.
11. A borrower is liable for damage, in case of slight neglect. If he applies the article borrowed to the use for which he borrows it, uses it carefully, does not allow another to use it, and returns it within the time for which it was borrowed, he is not liable.
12. A person who receives goods in security for a debt or engagement, is liable for ordinary neglect. But if he bestows ordinary care upon the goods, and they should then be lost, he still has a claim upon the pawnor for the debt.
13. When property is hired, that is, when something is to be paid for the use of an article, and it is injured by moderate usage, the owner bears the loss; but the hirer must not use it for any purpose but that for which it was hired, and he must return it promptly, or he is liable for damage. things is comprehended in the word bailment? 9. For what is a man responsible if he takes goods to keep without reward? 10. If he agrees to carry them without reward? 11. How is a borrower made liable ? 12. For what is a pawnee liable ? 13. In what case is a hirer liablo ? 14. If an article is delivered, upon which work is to be bestowed, the work must be properly done. A manufacturer who receives our wool, to make into cloth, or the tailor who takes cloth 10 make into a garment, must do the work well, or he is liable for damage. If the property should be lost or stolen, he is responsible for ordinary neglect.
15. Inn kepers are, in general, responsible for all injuries to the goods and baggage of their guests, even for thefts. But for losses caused by unavoidable accident, or robbery, they are not liable.
16. A common carrier, that is, one who carries goods for hire, as a common employment, is responsible to the owner even if robbed of the goods. But a person who occasionally carries goods for hire is not a common carrier, and is answeraple only for ordinary neglect, unless be expressly takes the risk. A common carrier is one who holds himself out as ready to carry goods as a business, by land or by water, and is answerable for all losses, except in cases of public enemies, as in time of war, and in case of the act of God, as by lightning, storms, floods, &c. Public carriers are responsible for the baggage of their passengers, though they advertise it as being at the risk of the owners.
Of Promissory Notes ; Bills of Exchange ; Interest. 1. A PROMISSORY note is a writing by which a person promises to another a certain, sum of money, for some value received by the promisor. The following is a form:
“ CLEVELAND, January 1, 1846. “ Three months after date, I promise to pay John Jones, or bearer, twenty dollars, for value received.
« Samuel Smith." 2. Notes thus written may be bought and sold as other
1.1. State the liability of one who takes an article to do work upon. 15. Of innkeepers. 16. For what are common carriers answerable ? Who are common carriers ?
1. What is a promissory note ? State its form. 2. When is a note
property. But if the words or bearer were omitted, it would not so pass; or as men would say, it is not negotiable, being payable to John Jones only. The holder might sell it ; but the buyer, if obliged to sue, must sue in the name of Jones, in which case Smith may offset against the note any de. mand which he may have against Jones. The words “ bearer” should therefore be inserted, that the holder, whoever he may be, may collect it in his own name.
3. Another way of making notes negotiable, though less practised, is to insert the words or order, in the place of “or bearer ;” but in this case, the promisee must endorse it by writing his name on the back of it. Such endorsement is in law considered as his order to the maker to pay it to another person ;
and then it may pass. 4. It is usual to insert the words value received, as evi. dence that the note was given for some valuable consideration ; for it will be recollected that contracts are not valid witl.out some consideration. But these words are not neces. sary to make the note good; for if the maker of the note can prove that no value was received, he can avoid the payment, even if these words are in the note.
5. A note, after it has become due, is not negotiable as before due. It may be transferred ; but the promisor may offset demands which he had against the promisee, the original holder, before he parted with it.
6. Notes are sometimes made payable on demand. They are due immediately ; and payment need not be demanded and refused before the holder can sue. So also, if no time of payment is mentioned in a note, it is due when given, and no demand of payment is necessary. But a note payable at sight, or at a specified time after sight, must be presented for payment before can be sued.
7. After a note has become due, the maker is allowed three days to pay, which are called days of grace. But if
called negotiable? How is a note sued when not negotiable ? How must it be drawn to be negotiable ? 3. What is the effect of the words
or order," instead of " or bearer?" 4. Are the words, " value received," essential ? 5. Is a note negotiable after it has become due ? 6. What effect have the words “ on demand ?” What if no time of payment is mentioned? 7. What are days of grace? How is an endorser of a noto