A Treatise on the Law of Bailments

SPECIAL CONTRACTS, letting animals SPECIAL CONTRACTS BY CARRIERS.

for their keep, 85.

consideration of, 87-91.

as a collecting agent, 91.

a loan which is a sale, 120, 121.
when not gratuitous, 124, 137a.
terms of a loan, 140-142.
difference between conditional sale
and a mortgage, 183.
pledge of a special interest, 194,
198, 199, 200, 201.

of incorporeal things, 202, 205.
mode of inaking a pledge dependent
upon nature and situation of pro-
perty, 209-223.

on a trust to collect, 241-244, 320. covering several debts, 273, 295. regulating sale of pledges, 283, 288. assignment to protect surety, 294. taking pledge, &c., on debt, 301. one man's property on another's debt, 302.

to keep horses or cattle, 331.

to store or forward goods, 333-336. by carrier to forward or store goods, 340.

receiving goods in store or on freight, 352.

to forward goods, 363.

hiring goods for use, 369-375, 381-
383.

when there is no bailment, 376.
illegal and invalid, 377, 378.
to make or sell, 411-413, 442.
to make on shares, 416, 447.
bailments for services, 410, 417-419.
for labor and services generally,
426-442.

by special or quasi-carriers,480-494. SPECIAL CONTRACTS BY CARRIERS.

regulating receipt of goods, 525.
limiting their liability, 552-595.
cannot impose terms, 553.
public notices, effect of, 554, 560.
English statutes, contracts under,
555-557.

act of Congress, scope of, 558-560.
receipts embodying contracts, 561,
585.

exemptions from liability, 562-569. contracts for-how construed, 563, 564.

effect of notice to prevent fraud, 565-569.

through contracts, 572, 573, 578, 583-585.

exemptions from loss by negligence, 562-571.

mode of stating, 586, 663, 664.

checks for baggage, 560, 571, 574. parcels-mode of receiving,564,567. tickets as evidence of contract. 560, 574.

for through freight, 577-584. evidence of contract, 577, 583. just and reasonable conditions,

554-557.

notices not valid unless, &c., 560, 564, 565.

exemptions not allowed, 562-571.
implied contracts, agent, son, ser-
vant, 576.

bills of lading, 584-595.
effect of receipt in, 585.
exceptions contained in, 586-591.
losses by fire, 543.

consignee paying freight, demur-
rage, 592, 593.

stowage of goods, under deck, 596, 597.

leakage and breakage, 597.

duty to care for injured goods, de-
cay,
598.

to convey in a given time, 598.
for the route, special duties, 606-
611.
delivery under a through contract,
616.

packages marked C. O. D., 623.
to party holding the title, 629.
for freight, 634-644.

affecting their lien, 645-654.
evidence under special contracts,
672.

damages under, 676, 677.

for carriage of live stock, 678–687.
safe and sufficient cars, 679.
not liable for certain losses, 680.
general duty, 681.
English decisions, 682.
American decisions, 683.
the stock contract in use, 684.
special contracts, effect of, 685.
qualified relation, 686.
special defences, &c., 687.

relating to mode of carriage, 600.
verbal receipts under, 584.

SPECIAL DEPOSIT, in bank, effect of, 41,

42.

deposit on special agreement, 48. SPECIAL PROPERTY, when it exists, 3638.

a depositary has, 36-40. SPONTANEOUS OFFER, to keep. effect of, 50, 51.

STAGE-COACHES, owners when carriers. 502.

of packages, 503.

of baggage, 502. notices by, 552-554.

carriers of passengers, 503, 708, 723. STATUTES, affecting married women, 13, 127, 190.

sale of pledged goods, 259–263.
affecting foreclosures, 287, 184.

ATATUTES, giving a lien for keep of SURRENDER OF LIEN, dealing with,

horses, &c., 331.

to enforce or foreclose lien, 331, 476.
giving boarding-house keepers a
lien, 477, 478.

anthorizing sale of goods in pledge,
261.

affecting dealings by factors, 211-
218.

English statute-parcels, 555-564-

567.

railway and canal companies, 556–
558.

relating to losses by fire, 543, 562.
act of Congress, exemptions by,
543, 558, 559.

shipping acts, 543, 558, 559.

see same.

statute relating to railways, 573. TOWING BOATS, contracts for, 480.

rules of navigation, 734.
relating to innkeepers, 467.
STATUTE OF FRAUDS, effect of on trans-

fers with bill of lading, 590.
where goods are ordered, 410-413.
delivery to carrier under, 590, 636,
665; so as to charge him, 524.
STATUTE OF LIMITATIONS, affecting
contract of deposit, 40-42.

a gratuitous loan, 175.
contract of pledge. 251-253, 265.
right to redeem, 312-316.
when action accrues, 321-324.
right lost by laches, 322.
stipulation limiting right of action,
557, 657.

effect of a bar of debt, secured by
pledge, 232, 323.

pledgee's remedy in equity, 317.
against bailee, 319, 320.
STEAMBOATS, common carriers, 514,
525-529.

not, when towing boats, 480, 562,
685.

as passenger carriers, 514.
statutes relating to, 747-749, 733,
734, 741.

STEELBOW GOODS, what are, 120.
STOCK, leases of live stock, 415, 416.

mode of pledging scrip of, 219.
shares of, their identity, 256.
effect of a sale of, 258, 289.
implied right of pledgee to sell,
279.

mode of exercising right, 281-289.
who may purchase, 291, 292.
STOLEN PROPERTY, owner may follow,
70.
STOPPAGE IN TRANSITU, right of, 630.
when the right exists, 631, 590.
how exercised, 632.

STOWAGE, carrier's duty in stowing
goods, 583.

SUBROGATION, surety right to, 302.
SURETIES, treatment of, 272, 302.

at owner's risk, 562, 563.
exemptions, how construed, 563-

567.

TRACK, railway company liable for
safety of, 602.

TRANSFER, of title by judgment and
satisfaction, 111, 174.

of goods with bill of lading, 210,
211.

by factor with documentary evi-
dence of title, 209-218.

of negotiable paper loaned for
accommodation. 122, 139, 305.
of same as a pledge, 176, 196, 197,
205, 222.

right to make the transfer, 191-
193, 19, 197, 205, 222.

of a note secured by a mortgage,
185.

demand of payment of, 256.
pledgee may not make, 257, 258,
263, 293.

pledgor may, 268, 269.

of pledge with note for a loan,
283, 284, 304, 305.

rights of advancors on, 304-308.
of stocks in pledge, 219.

of choses in action, 220-222.

See Sales, Property, Negotiable
Paper, Collateral Securities.
TRANSSHIPPING, risk from, 602.
TRESPASS, action of when it lies, 39.
and when it does not, 101–105.
See Torts.

TRESPASSER, can acquire no title by a
wrongful act, 111, 417.

TRINITY-HOUSE, regulations of, 741,744.
effect and force of, 741, 734.
TROVER, when it lies, 38, 39, 42, 93–
102, 174.

when it does not lie, 103-105, 108,

109, 156.

action against pledgee, 257, 267.
for bonds, notes, &c., 36, 270.
against bailee for hire, 348, 353, 402

INDEX.

SECTIONS.

TROVER, against carrier, 660, 677. against purchaser of stolen goods, 70, 105, 108, 109.

See Torts.

TRUCKMEN, when carriers, 500.
TRUST, considered personal, 95, 452.

not assignable, 434, 452.

effect of death, 114-117, 119, 265, 266.

pledge not personal, 266, 316, 265. loan for use, when, 138-141. TAVERNS, equivalent to inns, 453. See Innkeepers, 450-479. TEAMSTERS, when common carriers, 501.

wagoners when, 501.
TENANT, relation to his landlord, 348,
353, 362.

resembles bailee for hire, 173, 348,
353.

cannot set up title in himself, 173,
362.

bailor's loss of title, 409.

TENDER, of amount due on mortgage,
177, 183, 230.

of debt secured by pledge, 230.
after debt duo secured by chattel
mortgage, 183.

to carrier of reasonable charges,
518, 519, 655.

tender under protest, 521, 640.

TELEGRAPII COMPANIES, nature of servico of, 435.

liability of, 487.

right to make rules, 488.

liability to sender of messages, 489.
their contract, 490, 492.
duty to the sendee, 491.

modo of proving contracts mado
by, 492.

liable for sending falso message,
493.

measure of damages against, 494. TERMS, legal language, 8. TERMINATION OF BAILMENT, a

date, 114-119.

man

of a gratuitous loan, 134, 170.
of a pledge, 230, 309; by an infaut,

189.

of a bailment for hire by infant,
373.

by death or destruction of chattel,
375.

of bailments for hire, 404-409.
THEFTS, by finder of chattels, 21.

by ono borrowing or hiring chat-
tels, 144, 145.

by a carrier severing parcels, 145.
liability for losses by, 26, 45, 172,
235, 333, 425.

carrier liable for, 605, 660.
THROUGH CONTRACTS, by carriers, 572-

655

SECTIONS.

THROUGH CONTRACTS, when implied,

577-585.

not implied in this country, 577.
English rule, 578.

proof of through contracts, 583, 584.
for conveyance of passengers, 703,
704.

THROUGH LINES, business of, 579.
TICKETS, treated as tokens, 560.

as evidence of right, 692, 694.
as evidence of contract, 560, 574,
702, 703.

indorsements on tickets, 560.
checks given for baggage, 571, 572.
through tickets, 5/2, 573, 703.
treated as vouchers, 692.
regulations respecting, valid, 692,
700.

purchasing and showing, 692–694.
accommodations, 695, 729, 730.

in the cabin of a vessel, social usu-
ages, &c., 691.

when not required, 698, 706.

coupon tickets, 703.

stop-over tickets, 729, 694.

drover's pass, 563, 705, 704.

stopping at regular stations, 729, 715, 624.

restriction in use of, 730, 692.

for state-room, drawing-room, &c., 730.

right respecting time, 624, 693. TITLE, presumed, in favor of depositor, 54, 56-58, 63.

right of party having, 70–73.

by judgment and satisfaction, 111, 174.

effect of sales, 347.

acts and events working a change

of, 119.

TORTS, rights of property, general and special, 36-42, 369-372.

tortious breaches of, 33-12, 53. conversion and its consequences, 59-61, 407.

misuser of goods, 96-102, 103, 331363, 402.

third party's rights, 97, 100. conversion by a third party, 103111.

trespass and trover, by whom, 105, 103, 362.

when a demand necessary, 108,
109, 332, 400.

recovery in trover, effect of, 111.
rulo of damages, 112.
forms of action, 113.

misdelivery, effect of, 162, 348, 406.
acts of ownership, 174, 270, 301.
conversion by sale of notes, collat-
erals, 238.

by wrongful sale of pledge, 257, 267 268.

SECTIONS.

TORTS, misappropriating negotiable pa-
per, 306, 307.

special property for a term, viola-
tion of, 369-372, 420.
violation of by infant, 378.
under a void contract, 377.
UNSOUNDNESS OF MIND, deprives a

a person of contracting capacity,
13-17.

evidence of, 15.

USAGE, affecting delivery to carrier,
524-527.

delivery by carrier, 620, 626.

to explain bill of lading, 588.
when not admitted, 233.
effect of on contracts, 588.

allows warehousemen to advance
freight, 351.

carriers also, 642, 643, 607, 652.
USE, of deposit, right of, 65-63.

of chattels under a levy or attach-
ment, 32.

of things hired, 381-383, 402.
of things pledged, 235.
USURIOUS LOANS, Securities taken on,
227,308.

or on illegal contracts, 224-228.
on void contracts, 228.
VALUED LOANS, nature of, 154.
VARIANCE, from pleadings under com-
mon law, 654.

from contract alleged, 664.
VENDEE, when to bear risk of loss, 48,
147-149, 233, 235, 333, 359, 360.
delivery to, 411-413, 665.
VENDOR, when he retains the title, 665.
when title passes, 412, 413, 590,
535, 665.

with risk of loss, 216, 217, 148, 149,
171, 172, 290, 425.

VESSELS, owners of common carriers,
when, 508, 509.

disabled on voyage, 638, 639, 510.
Seo Ship-owners.

VIS MAJOR, what so regarded, 537-546.
freezing of canals and rivers, 537.
suspends action, 537.

when it does not excuse, 538, 541.
VOLUNTARY SERVICES, no action for,
441.

WAGONERS, when common carriers, 501.
formerly principal carriers, 501.
carriers, though not constantly so
employed, 501.
WAIVER OF ACTION, not presumed, 60,
61, 407.

or condition, complied with, 488.
WAIVER OF LIEN how made, 223, 269,
423, 475.

by release of property, 423, 424,
448.

WAREHOUSEMEN, business of, 332.
caro required of, 333.

when forwarders and carriers, 334-
337.

carrier when liable as, 336-341.
when duties begin, 342.
receiving or delivering goods, 343.
liablo for servants, 343.

for safety of warehouse, 344, 345.
liability and to whom, 346-349.
warehouseman's lien, 350.

may receive goods and pay freight,
351.

receipts of grain, use of, 352.
must redeliver-title, 353.
burden of proof, 3:4.

WAY-BILL, or bill of lading, entry upon,
503, 570, 558, 553, 527 528.
use of bill or receipt, 584.
as evidence, 585.
WHARFINGER, duties and liabilities,
356-363.

like and unlike warehouseman,
356.

not liable as a carrier, 358.
how far liable, 359.
where goods are insured, 360.
liability for servants, 351.
duty to return-title &c., 362.
contracts by to forward, 333.
lien, nature and extent of, 364.
WHARVES AND PIERS, public and pri-
vate, 355.

WIFE, as agent of her husband, 13, 119.
rights under present law, 13, 127,
190.

WRECKS, sheriff to take care of, 22.

saving property from sea perils, 23.
WRONGFUL ACTS of third parties, carri-
ers liable for, 613.
and have remedy for, 614.

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A Treatise on the Law of Bailments: Contracts Connected with Custody and ...