14. A consigns goods to B. B fails before receiving them. A stops them in transit and they are attached by creditors of B. Who is entitled to the goods?

259. SEARCH QUESTIONS

What personal property is exempt from execution? When a defendant files a schedule of property as exempt from execution, what method of appraisement is provided for?

Are there any debts from which no property is exempt? What is the effect of a legal tender of personal property in payment of a debt? Is there a section of the Statute of Frauds relating to the sale of goods? What is the amount?

What sales are considered fraudulent? What provisions are made for chattel mortgages; acknowledgment, record, sales, any requirements as to the form of the promissory note evidencing debt?

What are the rules of descent in case of death of a person dying intestate?

Does the law recognize the possession of birds and animals as that of personal property? Is the rolling stock of railroads classed as personal or real property? May it be seized on execution? How is the personal property to be valued for taxation? When is it listed for taxation? When to be paid? When sold for non-payment of taxes? Is there an inheritance tax? Are any of the taxes progressive? Any regressive?

260. Introduction. The law of bailments has ever been important in the development of civilization. This subject deals with every class and branch of business. It has to do with the rights, duties, and liabilities of parties wherein one has the personal property of another in his care or keeping. This is so irrespective of whether the possession was voluntary or not, or whether he receives a consideration or not for his services. The main duty now incumbent on the person holding the property of another is to surrender the property to the rightful owner when some specific purpose has been accomplished. Any holding of the personal property of another that does not constitute a transfer of title is a bailment. Many common examples may be cited; as, A leaves his horse with B for safe keeping; this is a bailment, A is the bailor and B is the bailee. A loans his horse to B for the use of B; this is a bailment. A lets his horse to B for

hire; this is a bailment. A leaves a package on a train, B, the conductor, turns it over to the company; this is a bailment.

261. Definition. A bailment is a delivery of goods to another for a specific purpose other than a sale. After the purpose has been accomplished, the goods in the same or a changed condition are to be returned to the original party. The purpose may be for safe keeping, for use, for security, or to have work done upon the goods.

Other Definitions. "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 are bailed shall have elapsed or be performed."

"A delivery of goods to another person for a particular use." "A bailment is a transfer of the possession of personal property, without transfer of ownership, for the accomplishment of a certain purpose, whereupon the property is to be re-delivered, or delivered over to a third person."

The

1. Parties. The direct parties to a bailment are two in number: the bailor, the one who delivers the goods and who holds the title; the bailee, the one to whom the goods are delivered and who therefore has the possession. The bailment be for the benefit of a third person. may general rule of contracts applies as to competency. Only personal property may be the subject of a bailment. The title is in the bailor and the possession in the bailee. A bailment terminates upon the return of the goods in the same or a changed condition to the bailor. If the goods returned are not the same as those delivered, the contract is not one of bailment. If a farmer delivers wheat to a miller and receives from a general supply a proportionate amount of flour there is no bailment, it is a barter. If the flour, delivered by the miller to the farmer, is to be manufactured from the latter's wheat, it is a bailment. Upon determining whether the contract is a bailment or not depends where the loss will fall in case the goods are destroyed. In the above illustration it would fall in the first instance on the

miller, in the second on the farmer. The distinction is sometimes difficult. The test is, is the identical property to be returned. If so, it is a bailment; otherwise, a sale or barter.

2. Exceptions. There are several apparent exceptions to the above which will be discussed from time to time as occasion demands.

3. Classes. Bailments may first be classed as gratuitous and non-gratuitous. The first are those that are performed free of charge; the second, those that are performed for a charge.

4. Subdivisions. Gratuitous bailments are subdivided into three classes: deposit, commission, and loan for use.

hire.

Non-Gratuitous are subdivided into two classes: pledge and

Gratuitous bailments are either for the sole benefit of the bailor, or for the sole benefit of the bailee. Where A leaves a horse with B for safekeeping, the benefit is entirely A's; and where A loans a horse to B for his use, the benefit is entirely B's.

Non-gratuitous bailments are for the benefit of both parties. Where A loans a horse to B for hire, each one is benefited; and where A leaves his watch with B for the loan of $20.00, both parties are benefited.

262. Degree of Care. The degree of care that the bailee must take of the goods that are in his possession depends upon who enjoys the benefit. The determining element is, Who is to receive the benefit? Evidently more care should be expected of a bailee who borrows a horse for use than of one who takes care of the bailor's horse without charge. In determining the degree of care to be taken it will be convenient to classify care as slight, ordinary, and great. Slight care is that degree of care that a man, however careless, takes of his own goods. Great care is that degree of care that a man of great care and diligence takes of his own goods. Ordinary care is that degree of care that a man of ordinary care and diligence takes of his own goods.

If the bailor gets all the benefit of the bailment, the bailee is required to exercise but slight care. If the benefit is for the bailee, he must exercise great care; and if each party is benefited, the bailee must take ordinary care.

The difference between slight and great care is not necessarily very marked, and again, owing to circumstances and surroundings, there may be a great difference in the exercise of the same degree of care in a bailment. For example, A leaves with B a horse for safekeeping; B must take slight care. Again, A loans a horse to B for his use; B must exercise great care of the horse. The actual care is practically the same. In each case the horse should be properly housed and cared for. Again, the thing bailed is money; in one locality the bailee might be required to put it under lock and key, while in a different locality it might be left in an unlocked room.

263. Absence of Care. The absence of that degree of care required by law, resulting in damage to the thing bailed, makes the bailee liable in damages to the bailor irrespective of the degree of care that the bailee is to take. Want of the care required by law is a dereliction of duty, called negligence, and makes the party chargeable responsible in damages.

In determining what care should be used and what is the proper exercise of that degree of care, one must take into consideration the customs of the place, the value of the article, the condition of the climate and conditions of the times. All of these must be carefully considered in determining the question and degree of care.

264. Skill. The chief object of the bailment is the benefit to be derived from the bailment. The bailee is thereby charge