SECTIONS. FREIGHT, from whom collectible, 643. discriminations on freight, 519, right of a carrier to pay freight warehouseman may advance, 351. GENERAL LIENS, what parties have, not favored, 364–368. bailee's property and lien, 420–424, innkeeper's lien, 473-476. 478. carrier's lien, 645-654. carrier's lien on baggage, 701. lien of a mortgagee of lands, 178, 187. effect of pledgee's lien, 259-262. 297. GENERAL SHIP, effect of advertising as, when a vessel is not, 512. depositaries, 43-51. a collecting agent, 91, 320. GRATUITOUS LOANS, when a sale and of negotiable paper, 122. terms of loan like a license, 123, parties to the bailment, 126, 127. how loan to be used, 138-141. 142. fraud in procuring, effect of, 143- 145. when lender liable for defects, 146. depends on general rule, 150, 151. in actions, burden of proof, 155–159. SECTIONS GRATUITOUS LOANS, implied agreement mode, time and place of return, 161- under a joint bailment, 169. cannot set up title, 173. in directors of a corporation, 92- in a borrower of goods, 135, 136, in a pledgee, 234, 235, 240. negligence in carrying passengers, by water, 735-749. GUARDIAN, rights of, 57, 104, 105, 114- effect of good faith in bailee, 70-73 contracts for passage by agent, GUESTS, at or iun, who are, 455-458. rights of for losses, 459-470. rights of action by, 472, 479. or a passenger-carrier, 504. HIRE, BAILMENTS FOR, 3, 325-449. of custody, contract for, 327-331 368. of things for use, 369-409. after the things perish, 375, 409. under illegal bailments, Sunday under invalid contracts, infants, hirer's contract, scope of, 379–383 HIRE, BAILMENTS FOR, expenses by HIRE-LABOR AND SERVICES, 410-425, whom borne, 385. actions and remedies, 386-388. liability in respect to servants, 389- accession, income or increase, 403. losses, by whom borne, 425. OF LABOR AND SERVICES GENERAL- skill required of professional men, of personal services, nature of con- delays, excuses, &c., 439, 440. HIRE-CONTRACTS OF, 1–9, 10–12. by a directoriu a corporation, 92-95. involving various bailments, 325- for use or manufacture, 325. in a double capacity, 336-339. or show right to advance freight, 351. or to interpret receipt, 352. when warehouseman's duties be gin and end, 342-354. duties in building, 344, 345. WHARFINGERS, 356-363. liability of, 356–360. for their servants, 361. under contracts to forward, 352, 363. HIRE OF THINGS, 369-388, 399403. rights of parties under contract, 370-380. hirer limited to use agreed for, 381383. care and diligence required, 384388. liability in respect of servants, 389398. evidence in suits against, 399-403. rights of hirer under contract, 403. termination of contract, 404-409. towing boats, &c., 480, 562, 563, post-office department, 483-485. HIRE, CONTRACTS OF FOR SERVICES, 426-440. under a general retainer, 426. or an agreement for compensation by will, 441. by physicians and surgeons, 77, 427, 428. by engineers and architects, 429. by attorney or counsel, 430, 431. by ministers and clergymen, 432. contracts for personal services, 433, 434, 435. damages for breach of, 435, 440. agreements for a term, 437. agreement for board not implied, HIRE OF CARRIAGE OF PASSENGERS, HIRER, where there is no bailment, duty to furnish accommodations, 695. colored people, 695. to preserve order, 690-694. to protect passengers, 601. enforcement of rules of order, 692- stations, depots, platforms, 696, right and mode of enforcing, 700, CONTRACT, 702-706. essence of and mode of making.702. lex loci contractus, 704. where there is no contract, 706. 710. ground of rule, 711, 712. with reference to dangers, 713, 714. standing on platform, 717, 695. liable for acts of servants, 722, 723. carrier's duties by the way, 729- respecting tickets, 729, 730. under State statutes, 733. origin of rules-Trinity House, 741. of custody and storage, 328-354. where the property is destroyed, hiring carriage and horses, withi under illegal or invalid contracts, bound by the terms of the contract, 379-333. duty of care and diligence, 384; ex- right to recover, 386; hire or sale, under a joint bailment, 388. burden of proof in suits, on whom, increase of cattle-accession, 403. ICE, stoppage by considered act of God, on the lakes and rivers, 537-542. ILLEGAL CONTRACTS, not enforcible 224-229. pledges to secure performance of, usurious contracts, 227, 303. pledges to secure void contracts, because made on Sunday, 377, 550. pledging salaries or pensions, 203, stipulating for a penalty, 186, 187, exemptions stipulated for by car- violations of statutes, 714, 717, 733, illegal preferences by carriers, 518- IMPLIED CONTRACTS. nature and under a contract to tow boats, 480 INCORPOREAL PROPERTY, pledges of INNKEEPER, classed with bailees for equities, liens, &c., 193, 199, 221. shares of stock and choses in action, 219-221. policies of insurance, 220. INCREASE OR INCREMENTS, accrue to the owner, 52, 163. under contracts of pledge, 299, 300. increase of herds and flocks, 369, 372, 403. effect of loss or destruction, 409, 425. on the hire agreed upon, 375. INDEMNITY, rule of damages designed to furnish, 112, 677. contracts designed as, by receiptor to sheriff, 28-35. of sale or return, 85, 349. to cover expenses, 142. duty towards a surety, 224, 272, towards several creditors, 273. where some of the debts are secured, 274. pledge a contract of, 298-300, 224, 232. effect of appropriating the propertỷ, 301. pledges to fulfill contracts, 203. for a usurions debt, 308, 309. bond of, given on stoppage in tran- INEVITABLE ACCIDENT, what is, 532545. specifications of, 537-544. public enemy, pirates, robbers, 547. ground of general rule, exempting from, 548-551. bailees not liable for losses by, 171, 234-237. INFANTS, capacity to contract, 13, 14, 126, 189. contracts of hire by, 378. pledges and chattel mortgages by, liable for torts, 378. right of action by against carrier, 698. hire, 3. nature of their business, 450-454. who are such, 450-454. who are considered guests, 455-458. delivery to, modes of, 459-461. responsibility of, 462-433. as qualified by statute, 467-470, 478. duty of to receive guests, 471, 472. lien of and how available, 473–476. lien of boarding-house keepers, 477. actions against, 479. INNS, common law character of, 453. combined with boarding house, 456. hiring accommodations in, 457. an old description of, appendix. INSURANCE, policies of, as collaterals, 220, 304. warehouseman not liable as an bailee may insure, 425, 360. against certain perils, 589, 605. insurance against sea perils, &c., 589. against fraud, theft, &c., 613, 589. law regards proximate cause of loss, 589. INTEREST, regarded as the natural increase of property, 52, 163. allowed by the rule of damages, 112. to be accounted for by pledgee, 298, 300. loans on usurious interest, 227, 308. INTEREST INSURABLE, what, 350. sheriff has, 35. factor has, 425. common carrier has, 605, 589. a bailee has, 360, 425. owner of goods has, 425. INTERPLEADER, bill of, when, 55. allegations in the bill, 55. IRRESISTIBLE FORCE, when it excuses a common carrier, 532-545, 547-551. when bailees not liable for losses by, 171, 234-237. innkeepers, 464. JETTISON, contribution for, 612, 537, 596. modo of settling, 612. effect of losses by, 537, 545. when goods are improperly stowed, 593. JOINT BAILMENT, duties under, 56, 169. death of a joint bailee, 116. remedies under, 338. JOINT CONTRACTS, by carriers, 572-577. not common, 57-579. action of tort not based on, 658. JUSTICE, meaning of, 9. personal services, 433-438. whero a inan is employed in his vo- when not so employed, 445. by other bailees, 145. by common carrier, severing par- from common carriers, 605. effect of contract, 372. of animals to be returned in kind, LENDER, for gratuitous use, 120-175. rights and interest of, 130-134, 170. right to insist on terms of loan,125, fraud on, 143-145; expenses, 142; LIABILITY, rules or degrees of, 4-9. of mandataries, 78-86. of borrowers, 135-141. of warehousemen, 332-349, of forwarders or wharfingers, 334, of innkeepers, 462-470. of common carriers, 532-551. of passenger-carriers, 707-723. SECTIONS LIABILITY, of pledgees, 234-244. of public officers, 25-28, 83-85. to a third party, 58, 100. and in restoring, 298-311. in what forms of action, 312–324. for an infant or apprentice's wages, not waived when, 42, 58-61, 402, 407 joint contracts by carriers, 572–579. a loan for use resembles, 123, 138- when a hiring is like it, 377, 378. taking up an estray under statute, salvors have a lien, 22, 23. rights of pledgee under, 245–278. ineffectual foreclosure, 291, 292, 324 under a bailment for services, 420- to manufacture, 416, 447, 448. common carrier's lien, 645-054. LIGHTERMEN, when common carriers, LIGHTNING, considered an act of God, modern tendencies of opinion, 536. See Statute in Appendix. by special contract, 552, 553, 561. |