An Essay on the Law of BailmentsHogan and Thompson, 1836 - 249 pages |
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Common terms and phrases
accident action agreement answerable assumpsit bailee bailment bailor bankrupt bill of lading borrower bound Bracton Burr Camp carriage carry charge chargeable cited coach Coggs Comm common carrier common law considered consignee consignor contract court custody damage declaration defendant defendant's degree of diligence delivered delivery demand deposit depositary Detinue doctrine duty East entitled fraud gross neglect gross negligence guest hire hirer holden horse injury innkeeper Jones Justice keep liable lien Lord Coke Lord Ellenborough loss mandatary master ment Nisi Prius notice obligation opinion ordinary diligence ordinary neglect owner paid parcel party pawn pawnee Paynton person plaintiff pledge portmanteau possession proprietors prove Raym reason received responsible reward robbed Roman Roman law rule safely Salk sent servant ship slight neglect stage-coach stolen Story thing bailed tion transitu trover Ulpian undertaking unless vendee vendor vessel warehouse wharfinger Willan
Popular passages
Page 108 - ... or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger...
Page 38 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 18 - It appears from all the cases for 100 years back that there are events for which the carrier is liable independent of his contract.' By the nature of his contract, he is liable for all due care and diligence ; and for any negligence he is suable on his contract. But there is a further degree of responsibility by the custom of the realm, that is, by the common law ; a carrier is in the nature of an insurer.
Page 109 - ... required,- sign a receipt for the package or parcel, acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty; and, if such receipt shall not be given when required, or such notice...
Page 38 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Page 109 - ... where such parcels or packages are received by them for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe...
Page 119 - ... of them, she will be answerable. And the reason is, because the pawn is in the nature of a deposit, and as such is not liable to be used. And to this effect is Ow.
Page 114 - The first sort (6) of bailment is, a bare naked bailment of goods, delivered by one man to another to keep for the use of the bailor ; and this I call a depositum, and it is that sort of bailment which is mentioned in Southcote's Case.
Page 1 - a delivery of goods in trust on a contract, express or implied, that the trust shall be duly executed, and the goods re-delivered as soon as the time or use for which they were bailed shall have elapsed or be performed...
Page 109 - ... their book-keeper, coachman, or other servant, for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such article or articles or property shall have been declared by the person or persons sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.