TABLE OF CONTENTS.

§ 1. General definitions.

CHAPTER I.

BAILMENTS.

§ 2. Variations in; scope of the subject.

3. Specific definitions.

§ 4. Degrees of liability.

5. Degrees of diligence.

6. Negative statement; degrees of negligence.

§ 7. Discussion of; slight, ordinary, and gross negligence.

§ 10. Definition of a deposit; a contract.

Presumptions as to the nature of the bailment.

11. Subject of the bailment.

§ 12. Money paid into court; deposit with an officer.

13. Parties competent to contract.

14. Persons of unsound mind; infants.

§ 15. Presumptions as to; and proof.

16. Intoxication; effect of.

17. Fair dealings with incompetent parties.

18. THE FINDER; his rights and duty.

19. He has a special property.

§ 20. His right to compensation; estrays.

21. When guilty of larceny.

22. Wrecks and goods cast on shore.

23. Saving property from sea perils; salvage.

24. Consideration.

$25. SHERIFFS AND RECEIPTORS.

26. Liability of sheriff for thefts.

27. Must guard against special dangers.

§ 28. May leave goods with competent person.

29. Receiptor when estopped.

30. Cannot set up title in another.

1 31. Prima facie liable as a depositary.

$32. Reasonable use of property.

33. Sheriff's special property.

§ 34.

§ 35.

36.

His right to store the goods.

Terms of receiptor's contract; force of.

GENERAL AND SPECIAL PROPERTY.

37. Nature of depositary's interest.

$38. General owner's right of action.

39. Trespass and trover: new forms.

40. When right of action accrues against depositary.

41. Where money is left on deposit.

42. Conversion: effect of a subsequent demand.

§ 43. RULE OF LIABILITY.

44. Effect of circumstances, nature of goods, &c.

§ 45. Must act fairly; special deposits in bank.

46. Care required by good faith.

$47. Gross negligence not the same as fraud.

48. Special agreement to keep safely.

49. Sealed packages, &c.

50. Situation; individual character of the bailee.

§ 51. A voluntary engagement.

52. The natural increase.

53. A second bailment.

§ 54. REDELIVERY.

$55. Interpleader-garnishment.

56. A joint deposit.

57. Duties of depositary under civil law.

§ 58. Misconduct under common law.

59. Effect of a demand.

60. Consequences of a conversion.

61. Restoration after.

§ 62. Depositary must restore or account for the goods; burden of proof.

$63. Bailee cannot resist true owner.

$78. RULE OF DILIGENCE.

§ 79. Illustrations of the rule.

80. Where bailee shows same neglect of his own goods.

81. Mode of carrying money.

82. Common care of such articles.

$83. Knowledge of bailee's character.

84. Mandatary holds as trustee or fiduciary.

§ 85. A letting of animals for their keep; a delivery to keep or return, at

§ 98. Mandatary must perform, or account for property

§ 99. Miscarriage of a package.

100. Accepting a trust for a third person.

101. Election of remedies.

§ 102. Action of trover by bailor.

103. Bailee's right of action.

$104. When either may sue; recovery.

$105. When owner cannot support trespass or trover.

$106. Burden of Proof.

§ 107. In suit against mandatary.

108. Proof of conversion by.

109. When trover does not lie.

§ 114. The contract, how determined; death of bailee; his representatives.

115. Leaving a debt due.

$116. Death of a joint mandatary.

§ 117. Death of the mandator.

$118. Contracts by letter.

§ 119. Ways of terminating the contract.

CHAPTER IV.

GRATUITOUS LOANS.

120. A gratuitous loan, when a sale and when a bailment.

§ 121. A loan of things to be returned in kind; sales.

122. A loan of commercial paper.

$123. Loan for use, resembles a license.

124. Not gratuitous, when.

§ 125. The terms regarded as conditions of the loan; failure to return

§ 126. PARTIES, CAPACITY.

127. Incapacity of married women.

$128. THE BORROWER'S INTEREST.

$129. As against third parties: possession under a loan.

130. LENDER'S INTEREST.

$131. As against the borrower.

§ 132. His special property.

133. Under an indefinite loan.

§ 134. Countermand; right to.

135. DEGREE OF CARE AND DILIGENCE.

136. Answerable for exercise of skill.

§ 137. Personal character of borrower.

§ 137 a. Liability in exceptional cases.

§ 138. THE LOAN, HOW USED; examples.

§ 139. Understanding implied; notes and bills.

140. The agreement.

141. Terms of loan, matter of fact.

§ 142. EXPENSES; ordinary and extraordinary; difference between.

143. FRAUD IN PROCURING; what is?

$144. Effect of fraud; illustrations.

$145. Larceny by a bailee.

$146. Liability of lender for defects.

$147. WHEN BORROWER EXEMPT FROM LIABILITY.

148. Losses by inevitable accident.

149. By violence or fire; duty in saving goods from fire.

150. Liability depends upon the general rule.

151. Losses by public enemy.

$152. Liability after demand.

153. Ordinary wear or decay.

154. Valued loans.

§ 155. EVIDENCE, BURDEN OF PROOF.

$156. Choice of action, importance of, conversion.

$157. Proof in assumpsit.

§ 158. Plaintiff must establish his cause of action; mode of doing this

$159. The onus, and how changed.

$172. Or loss by theft.

§ 173. Borrower cannot set up title in himself; transfers of property.

§ 174. Conversion of property; title.

175. Statute of limitations.

CHAPTER V.

PLEDGES OR PAWNS-COLLATERAL SECURITY.

§ 176. Definition; subject of pledge; title.

$177. History and nature of the contract; general likeness to a mortgage.

§ 178. Difference between a mortgage of real estate and one on personal pro-

perty.

$179. Effect of a chattel mortgage.

180. Right of possession under.

$181. Mortgagor's right of redemption.

§ 182. Mortgagee not obliged to foreclose.

183. Mortgage, how extinguished.

184. Sale under mortgage.

$185. Mortgage follows debt, as an incident.

186. Difference between a pledge and a chattel mortgage.

§ 187. Difference between a deed and a mortgage of lands.

188. Difference between a conditional sale and a mortgage of goods.

189. PARTIES; an infant's contract.

$ 190. Married women, capacity at common law and under statutes.

191. RIGHT OR POWER TO CREATE A PLEDGE; title.

192. Pledge of another's property.

193. Transfers subject to all defences; exceptions.

$194. Exceptions defined; factors.

195. The factors act.

$196. Exception as to negotiable paper, transferred before due.

$197. Nature of negotiable paper.

198. Pledge of a present interest; limitation upon the right.

§199. Mere equities and liens; dealings with.

$200. Pledges of property to be created.

201. Lienholder's power to deal with pledge.

§ 202. SUBJECT OF PLEDGE; early use of contract; and present use.

$203. Pensions or salaries may not be pledged; U. S. statutes.

204. When capable of being pledged.

$ 205. Pledge of incorporeal things.

206. Distinction between a mortgage and a pledge.

§ 207. An anticresis, a living pledge.

§ 208. Hypothecation, what and when allowed.

$209. MODE OF MAKING A PLEDGE.

$ 210. Of goods in store or in transit.

$211. By transfer of bill of lading; by shipper.

212. Shipper's power; advances on bill.

213. Consignee's power in possession of bill.

214. Factor's power at common law; under statute.

♦ 215. The bill of lading exhausted; permit to land goods.

216. Goods in bonded warehouse; mode of completing pledge.