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BAILMENTS-

INDEX.

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34

weight and sufficiency of evi-
dence, 43

Act of God, defense for failure
to redeliver, 16
Admissions and declarations, ad-

missibility in evidence, 44
Adverse claim to deposits, 34
limitation of action arising on,
12

Agency, negligence of bailce's
agent, 18

Alterations on article, lien for
services, 29

Animals and increase, 4
care and custody, 8, 19
expert testimony admissible to
show increase, 46
Attachment, bailee's right to set
up title in third person, 14
Bailee, compensation, 25
corporations, 10

eviction by title paramount,

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BAILMENTS-Continued
Bailment defined, 3
Bailor, married woman, 10
persons competent to act, 10
title in property bailed, 11
Benefit of bailee, 9

loans for exchange, 9
loans for use, 9

Benefit of bailor, 8
gratuitous deposits, 8
involuntary deposits, 8
Benefit of both parties, 7

care and custody of animals, 8
delivery to factor for sale, 8
deposit for hire, 8

exhibitions, property delivered
for, 8

pledge of property, 8
Burden of proof, 15, 40, 42

Care required of bailees, compen-
sated bailee, 21, 24
gratuitous bailee, 21

loan for use or exchange, 22
Carriers, duty to receive goods
offered, 9

storage by carrier, non-necessity
of redelivery, 10
Cattle, expert evidence as to in-
crease, 46

Chattel mortgages, priority of
lien of bailee for services,
30

Choses in action as subject of
bailment, 10

Classes of bailment, 6

ancient classification, 6
modern classification, 7

Classification according to bene-
fits, 7

bailee's benefit, 8
bailor's benefit, 8

both parties benefited, 7
Commodatum defined, 6

Compensation as basis of classi-
fication, 7

bailee's compensation, 25
destruction of goods, effect on
bailee's right, 25

evidence of value, 44

statutory provision, 25

Conditional sales distinguished, 1

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BAILMENTS-Continued
Consent as element, 9

exceptions to rule, 9, 10
mutual assent, necessity of, 9
quasi-public functionaries, 9
Contract, implied when, 9

limitation of liability, validity
of stipulation, 17

Conversion of property, bailor's
rights, 12

defense of impossibility of per-

formance, 35, 36

demand on bailee, 35

to estab-

married woman's separate es-

evidence necessary

lish, 35

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letters, 44

negligence, 45

ownership, 43

parol, 44

receipt for money deposit, 43
weight and sufficiency, 43

Excuses for nondelivery, 14, 17,
33, 34

Executions, bailee's right to re-
cover property, 13

right to set up title in third
person, 14

Executor as bailee, removal for
claiming ownership, 40
Exhibitions, delivery of property
for purpose, 8

Expenses attending loan for use,
who bears, 19, 21

liability of bailee for hire, 26
Experts, admissibility of testi-
mony, 46

Expositions, loss of jewels dis-
played, 46

Failure to return property, ex-
cuses, 32

Finder of lost property as bailee,

10

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Joint owners, return of bailed
property, 30

Kinds of bailment, 6, 7
Larceny, liability of bailee, 22, 30
Liability of bailee, contracts re-
stricting, 17

diminution, right of bailee, 17
negligence of bailee, effect, 17
Lien, bailee entitled to, 27, 28,
29

employee of bailee, right to, 29
enforcement, 27, 28
foreclosure, 27
loss, 28

notice of foreclosure, 27, 28
priority over chattel mortgage,
30

services upon articles, 29
waiver, 28

Loans for exchange, 9

expenses borne by bailee, 19
what may be delivered to
bailor, 31

Loans for use, 9

demand for return, necessity,
33

duties and liabilities of bor-
rower, 19

expenses, who bears, 19, 21, 26
indemnification of bailee on de-
mand for return, 33
place of redelivery, 32

BAILMENTS-Continued

Loans,

time for return, 33
Locatio custodiae defined, 7

Locatio operis faciendi defined, 7
Locatio operis mercium

darum defined, 7
Locatio rei defined, 7
Locatum defined, 6

vehen-

Lost property excluded, 3
implied contract of bailment,
10

Mandatum defined, 6

Married women, competency as
bailors, 10

Master and servant, liability for
wrongful act of employee,

22

Money, gold coin deposit, effect
of interest agreement, 38
interest earned as property of
bailee, 19

investment distinguished, 4
loan for use, 19

loan of deposit fund, 4
Muniments of title, custodian as
bailee, 11

Negligence, bailee's liability, 17,

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BAILMENTS—Continued
Performance of services, duties
of bailee, 19
lien for, 29

Personal property as subject of
bailment, 10

Pignori acceptum, or vadium de-
fined, 6

Place of redelivery, 32
Pledge as bailment, 6, 8

sale to enforce lien, 27
Possession, bailee's right of re-
covery, 13

Proceeds, right of bailor to de-
mand, 31

Products of thing hired, rights
and liabilities of bailee, 13
Property subject to contract, 10
Questions of law and fact, char-
acter of bailment, 9
negligence of bailee, 23, 43
Recompense or no recompense as
controlling feature, 7

Redelivery, bailee's

defenses, 16, 30

duties and

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identical article, 31

illegal purpose, recovery

when

of

property by bailor, 32
joint owners, proportional de-
livery, 30

loan for exchange, article cor-
responding in kind return-
able, 31

place of redelivery, 32
proceeds, when may be de-
manded, 31

stock certificates, necessity of
return of identical shares,
31, 32

survivors, delivery to, 31
third party, waiver of right to
delivery, 31

wrong person, liability for de-
livering to, 30
Reimbursement of bailee, 26
Repairs on article, lien for ser-
vices, 29

Return of thing bailed, 30
demand for return, 32
excuses for nondelivery, 33
Safe deposit company, liability
for actual value of deposit,

23

Sales, bailee's sale as passing
title, 12

contract of sale as bailment, 3
distinction between sale and

bailment, 4, 5

BAILMENTS—Continued

Scope of article, 2
Services, to be performed, duties
of bailee, 19

lien of bailee, 29

Slight negligence, liability

of

bailee for own benefit, 21, 22
Special deposit of coin, effect of
contract for interest, 38
Special ownership of bailee, 12
Stock, conversion of shares, lia-
bility of bailee, 36

redelivery of identical shares,
necessity, 31

Storage, evidence of negligence,

45

lien for storage charges, 27, 28
Subject matter of contracts,
Termination, delivery back of
bailed property, 36

destruction of thing hired, 37
gratuitous depositary, 36
hiring, how terminated, 36, 37,
38

involuntary depositary, 36
Theft by employee, liability of
bailee, 22

Third persons, bailee's right to
set up their title, 13, 15, 40
duties and liabilities as be-

tween bailor and bailee, 38
right to delivery of bailed
article, waiver, 31
trespass, respective rights of
bailor and bailee, 38, 39
wrongful use of bailed prop-

erty, liability of bailee, 39
Title and rights in property, 11
bailee's title generally, 12
bailor's rights, 11

paramount title of third person,

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Actions, intervention by trustee,
64

partnership, suit for account-
ing, 55, 65

state court proceedings, 63
stay of proceedings, 66-70
trustee's right to institute, 62
"Actual knowledge" defined, 87
Appeals, bill of exceptions, stay
of proceedings, 70
effect of bankruptcy, 69
Assets passing to trustee, 57
community property, convey-
ance, 61

encumbered property, title ac-
quired, 61

option to accept or reject, 59
property not assets, 60
sale of assets, 61

title of trustee, date of accrual,
59

Assignments, equitable, effect of
discharge, 89

Attachment, dissolution by bank-
ruptcy, 80

enforceability of lien after dis-
charge, 91

Avoidance of fraudulent trans-
fers, 76

defenses, 77

pleading, 78

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BANKRUPTCY-Continued

Community property, title con-
veyed by trustee, 61
Composition by bankrupt, 82
acceptance

party, 83

by

creditor

collateral attack, 83
confirmation, effect, 83

not

discharge resulting therefrom,
83

Consideration for promise to pay
discharged debt, 85
Constitutionality of bankruptcy
acts, 49

Contempt as remedy of bankrupt,

67

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