| 单词 | bailee |
| 例句 | Travis Wilson pleaded not guilty to one felony count each of larceny by bailee and theft during his Tuesday morning arraignment. Wyoming man accused of embezzling $200,000 from car wash 2017-06-07T04:00:00Z The receiver of a letter is not a bailee, nor does he stand in a character analogous to that of a bailee. The Right to Privacy 2011-09-11T02:00:10.037Z Money Stolen, Bailed or Loaned, Insolvency, Gifts.—Property stolen by A. or left with him as bailee to be returned in specie, can not be given away by him for charity. The Clergyman's Hand-book of Law 2011-03-14T03:01:02.587Z Bailor and Bailee.—To create this relation the property must be delivered to the bailee. Putnam's Handy Law Book for the Layman In this case, the bailee has no right to use the thing entrusted to him, and is liable for gross negligence, but not for ordinary negligence. Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" But the Don is coming to the States this autumn, and I must show him that I have not been a fraudulent bailee. The Atlantic Monthly, Volume 15, No. 87, January, 1865 “Sometimes a thing is bailed to a person,” continued Rollo’s father, “for the benefit of both persons, the bailor and the bailee.” Rollo's Museum There are other ways of making a man an involuntary bailee. The Bibliotaph and Other People A corporation may act as bailor or bailee, and an agent acting therefor would render the corporation liable unless he acted beyond the scope of his authority. Putnam's Handy Law Book for the Layman In the case of hiring the bailee is bound to use such diligence as a prudent man would exercise towards his own property. Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" Different rules apply, depending on whether the keeper, or bailee, gets any compensation for storage. Up To Date Business Home Study Circle Library Series (Volume II.) Yes, the bailee is the person the thing is bailed to. Rollo's Museum If a man insists upon lending you a book, you become an involuntary bailee. The Bibliotaph and Other People Can a creditor of the bailee pounce on tanned hides or completed fabrics as belonging to him and take them in satisfaction of his debt? Putnam's Handy Law Book for the Layman In this case, the bailee is bound to use ordinary diligence in preserving the property entrusted to him. Encyclopaedia Britannica, 11th Edition, Volume 3, Part 1, Slice 2 "Baconthorpe" to "Bankruptcy" If a bailee should be a scoundrel and sell the thing left with him for safe-keeping and receive the money, the true owner could, nevertheless, claim the thing wherever he could find it. Up To Date Business Home Study Circle Library Series (Volume II.) Since he did reclaim it, Rollo did perfectly right to give it up, fish and all; and as he did so, it was a bailment for the benefit of the bailee, that is, Henry. Rollo's Museum A thing which the court further recognized was the substitution of five thousand dollars in cash for the deeds of the Blue Poppy mine as security for the bailee. The Cross-Cut If the bailee is not negligent or otherwise at fault, and the loss happened by internal defect or inevitable accident, the bailor would be the loser. Putnam's Handy Law Book for the Layman For what is a bailee without reward responsible? The Government Class Book Designed for the Instruction of Youth in the Principles of Constitutional Government and the Rights and Duties of Citizens. But as the remedies were all in the bailee's hands, it also followed that he was bound to hold his bailor harmless. The Common Law “What is bailor and the bailee?” said Henry. Rollo's Museum What would that mean, Harper, legally, if I were tried on a charge of larceny as bailee, as you put it, and convicted? The Financier, a novel To what extent can a bailee limit his liability by agreement? Putnam's Handy Law Book for the Layman Bailment, in law, is a delivery of goods, in trust, upon agreement that the trust shall be executed, and the goods restored by the bailee, when the purpose of the bailment shall have been, answered. The Government Class Book Designed for the Instruction of Youth in the Principles of Constitutional Government and the Rights and Duties of Citizens. All the above peculiarities reappear in the Anglo-Norman law, and from that day to this all kinds of bailees have been treated as having possession in a legal sense, as I shall presently show. The Common Law Lastly, if the car is driven by the garageman's servant while the bailment continues, the bailee, and not the owner, is responsible for any injury done to a third person by the servant's negligence. Putnam's Handy Law Book for the Layman Why, then, in Heaven's name, this excited charge of larceny, larceny as bailee, embezzlement, embezzlement on a check, etc., etc.? The Financier, a novel A bailee who was a cold storage keeper, stated in his receipt "all damage to property is at the owner's risk." Putnam's Handy Law Book for the Layman The destruction of a thing in the course of alteration or repair without the fault of the bailee is a case like that above mentioned. Putnam's Handy Law Book for the Layman One of these, it will be remembered, concerned wrongful transfer by the bailee. The Common Law The company is the bailee with the power to change the bailor's separate ownership into an ownership in common with others of a larger mass, and back again. Putnam's Handy Law Book for the Layman If it ever came to anything like that, which I don't think it will, the charge would be embezzlement or perhaps larceny as bailee. The Financier, a novel A bailee received some cheese and gave a receipt slating that it was to be kept at the owner's risk of loss from water. Putnam's Handy Law Book for the Layman But it is not the same if we give to the animus domini the meaning which the Germans give it, and which denies possession to bailees in general. The Common Law It would only be necessary for the wrong-doer to commit a wrong so gross as to free the bailee from responsibility, in order to deprive him of his right of action. The Common Law Still less has a bailee with a lien, who does not even mean to use, but only to detain the thing for payment. The Common Law It has often been remarked that a servant must be distinguished from a bailee. The Common Law The bailee was, notwithstanding his receipt, held liable. Putnam's Handy Law Book for the Layman But the bailee holds in his own as we say, following the Roman idiom, and the servant or agent holding as such does not. The Common Law That doctrine was the absolute responsibility of the bailee to the bailor, if the goods were wrongfully taken from him. The Common Law A bailee was in general liable for goods stolen from his custody, whether he had a lien or not. The Common Law It is proper to add, that in the latter case Littleton does not seem to distinguish between servants and bailees. The Common Law For example, if it were a kicking horse, he should warn the bailee to keep away from his legs. Putnam's Handy Law Book for the Layman They are so many attempts to state the duty of the bailee specifically, according to the nature of the bailment and of the object bailed. The Common Law The plaintiff was driven to reply a tender before the theft, which would have put an end to the pledge, and left the defendant a general bailee. The Common Law It is therefore, as a preliminary to understanding the common-law theory of possession, to study the common law with regard to bailees. The Common Law The next point in logical order would be the degree of responsibility to which the bailee was held as towards his bailor who intrusted him. The Common Law The courts have been often troubled about the degree of care required of bailees, as it differs under varying circumstances. Putnam's Handy Law Book for the Layman But for convenience I will consider first the explanation which was given of the bailee's right of action against third persons wrongfully taking the goods from his possession. The Common Law If the chattel could be returned in specie, detinue afforded no satisfaction for damage which it might have suffered through the bailee's neglect. The Common Law Jailers in charge of prisoners were governed by the same law as bailees in charge of cattle. The Common Law "If the goods are taken by a trespasser, of whom the bailee has conusance, he shall be chargeable to his bailor, and shall have his action over against his trespasser." The Common Law In many cases the bailee is not required to return the specific property, but other property of the same kind and quality. Putnam's Handy Law Book for the Layman This is repeated in Southcote's Case, and appears to involve a double distinction,—first between paid and unpaid bailees, next between bailees and servants. The Common Law Chief Justice Popham had sanctioned a distinction between paid and unpaid bailees, hence it was deemed prudent to lay a reward. The Common Law It had begun to totter when the reporter cautioned bailees to accept in such terms as to get rid of it. The Common Law Bernard states the liability as applicable to all bailees for reward, exercising a public employment, and mentions common hoymen and masters of ships alongside of, not as embraced under, common carriers. The Common Law A bailee has a lien for his service and proper expenditures in caring for and preserving the thing bailed, but not for any other debt the bailor may owe him. Putnam's Handy Law Book for the Layman On the contrary, they furnished the examples of bailees for reward exercising a public calling. The Common Law The rule in Southcote's Case has been done away with for bailees in general: that is clear. The Common Law In the next place, the strict rule is not confined to nautae, caupones, and stabularii, nor even to common carriers; but is applied to all bailees for reward, exercising a public calling. The Common Law Southcote's Case, and the earlier authorities which have been cited, all refer to a loss by robbery, theft, or trespass, and hold the bailee liable, where, in theory at least, he has a remedy over. The Common Law And if the bailee is a finder who has bestowed labor on the article found in good faith, the same rule applies. Putnam's Handy Law Book for the Layman It is the old distinction taken in the Marshal's case that there the bailee has no remedy over. The Common Law Those reasons apply to other bailees as well as to common carriers. The Common Law It is not true to-day that all bailees for reward exercising a public calling are insurers. The Common Law In the next place, and this was the importance of the last Lecture to this subject, the common law has always given the possessory remedies to all bailees without exception. The Common Law A garage man who receives the automobile of another to keep or repair—a service for which the owner is to pay a compensation—is a bailee for hire. Putnam's Handy Law Book for the Layman The bailor has the power and intent to exclude the bailee from the goods, and therefore may be said to be in possession of them as against the bailee. The Common Law Bernard, where they were mentioned only as so many instances of bailees exercising a public calling. The Common Law A bailee may be an agent for some other purpose. The Common Law A free servant may be made a bailee. The Common Law While this relation of bailor and bailee exists, the owner is not ordinarily responsible for the negligence of the garageman or his servants in the care or operation of the automobile. Putnam's Handy Law Book for the Layman It should be kept in mind also that the Roman law denied possession to bailees. The Common Law |
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