A Treatise on the Law of Bailments

Capa
Bould, Banks & Company, 1855 - 667 páginas
 

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The presumption arising from gross neglect 69
69
Materials made into another article title to
75
Rule of Roman and French law
78
The bailee bound to redeliver to bailor
84
Gile
88
Effect of use without consent 90
90
The contract under Code of Louisiana 96
96
CARE AND DILIGENCE REQUIRED
102
And with reasonable prudence
108
Webb Matter
111
Bound for reasonable care
114
Sholey
117
By the death of the mandatary when
120
The principals death ends an agency
126
When trover will not lie
130
CHAPTER IV
137
The borrower obtains the possession and a right of action against strangers
143
A different ise effect of
149
Blunt
150
The loan is strictly precarious when 156
156
The borrower considered a trespasser when
161
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
Brown
186
Wilson
198
Paragon The
202
Soper
205
Cracklin
210
Davis
215
A case of mortgage or pledge 218
218
Skinner
223
Presumption of negligence
227
Flagg
228
Baker
232
Payments how applied when there are several debts
233
ACCESSORIAL THINGS
239
Hardy
240
Our statutes prohibiting usury
245
Difference between the mortgage and pledge of goods 251
251
Pledges under Code of Louisiana
257
A discharge of the original debt discharges the pledge
262
Union Bank v Laird
265
The pawnee must restore the profits of pledge
268
Holbrook
270
CHAPTER VI
274
Aidee
275
Duties of the factor and his privileges 280 281 282
280
When a delivery by a carrier to warehouseman good 286
286
Smith
290
An agreement to forward goods
293
Earle
295
Not answerable for loss by fire
299
Effect of custom in regulating the delivery
303
HIRE OF THINGS
309
LIABILITY IN RESPECT TO SERVANTS 315
315
Wheeler
318
Bailor must prove the allegations in his complaint 322
322
Hired slaves how used 328
328
It is ended by a loss or destruction of thing bailed 335
335
Hall
341
The rule illustrated by cases 342
342
The title to the thing ordered does not pass
348
Surman
349
Belknap
351
Risk of loss total destruction effect of
381
CHAPTER VII
388
If a guest leave at an inn his horses he remains a guest
394
McFarland
395
Goods must be deposited as directed by innkeeper
400
Many
404
When his liability begins and ends his lien
407
Title to the property not material
413
WHAT WILL EXCUSE THE INNKEEPER 419423
419
WHO ARE COMMON CARRIERS definition 425
425
Pilcher
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
Van Cleef v Fleet
452
Downer
456
Sieamboat Co v Bason
462
The carrier required to make his terms known
479
Barkley
491
Exceptions of the dangers of rivers and lakes 492495
492
When carrier to show his vessel seaworthy proximate cause
498
Mitchell
500
Contracts to carry beyond his route 504
504
Shifton
506
Effect of settlement of general average
510
Railroads when depositarief 516518
516
Must store the goods how and with whom
522
Freezing of rivers stress of weather embargoes c 523
523
Vigus
526
Powell y Myers
527
Delivery to succeeding carrier 529531
529
The carrier not to dispute his employers title 535
535
Brown
536
His right to demand prepayment
541
Felton
543
CARBIERS LIEN 547552
547
Brewer
550
Remedy against carrier in admiralty
553
ACTION ON THE CONTRACT against carrier 559
559
Macauley
560
Lansing
562
BURDEN OF PROOF 565
565
Wilson
567
Boston and K Steam Nav Co 493 Rogers v Arnold
568
Brinth
570
EXCEPTIONAL CASES 572
572
The common carrier of passengers bound to receive and carry 677
580
COACHES MUST BE ROADWORTHY 686 691
586
Gay
587
Élkins
593
COMPETENT SKILL agreement for 891
594
Wilson
597
DUTIES BY THE WAY 600
600
Ralston
604
Lights necessary when vessels are at anchor 606 607
606
Liability in cases of collision
614
Coxe
642
Powell
643
Distinction between them 428
647
Canfield
650
May dictate as to mode of receiving goods 405
653
Friend
656
Knowlton
660
Payne
661
Crowley
666

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