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Agencies Not Common
Agencies Not Common Steam Tow-boats Are Not Common Carriers, Nor Are Barge Owners Who Rent Or Let Their Barges On Special Contracts To One Person For The Trip. (hays V. Miller, 77 Pa. St. 238; Arctic Fire Ins. Co. V. Austin; 6o N. Y. 47o.) Sleeping Car Companies Are Not ...

Agency As A Separate
Agency As A Separate Branch Of Law. The Subject Of Agency, Though A Well Known And Important Branch Of Law To-day, Was Scarce Ly Recognized By The Earlier Common Law Writers, And Left Undistinguished From "master And Servant" By Blackstone. In Searching For The Earliest Recognition Of The Principles Which ...

Agency Defined
Agency Defined. "agency Is A Legal Relation, Founded Upon The Express Or Implied Con Tract Of The Parties, Or Crcated By Law, By Virtue Of Which -one Party—the Agent—is Employed And Author Ized To Represent And Act For The Other—the Principal In Business Dealings With Third Persons." An Agency May ...

Agent Defined
Agent Defined. An Agent Is One Who Is Authorized To Act For Another In Dealing With Third Parties. An Agent Is Sometimes Called An At Torney, Proxy, Delegate Or Representative. ...

Agents Authority Classi Fied
Agent's Authority Classi Fied As Regards Nature And Extent. In Its Nature, The Agent's Authority May Be Express Or Implied; As Regards Its Extent, It Is Said To Be Univer Sal, General Or Special. These Divisions, As Will Be Seen, Assist In Arranging The Principles By Which The Nature And ...

Agents Authority Co Exten Sive
Agent's Authority Co-exten Sive With Employment. A Principal May Confer Upon His Agent As Much Or As Little Authority As He Sees Fit, But Where He Invests His Agent With A Cer Tain Representative Authority- Or Character, Secret In Structions Restricting This Power Will Not Affect The Rights Of Persons, ...

Agents Duty To Account
Agent's Duty To Account For Receipts Of The The Agent Must Account To The Principal For All Money- Or Other Property- Received Through His As The Profits Belong To The Principal Solely. And It Is A General Rule In The Law Of Agency That An Agent May Not Dispute His ...

Agents Duty To Exercise
Agent's Duty To Exercise Skill And Care. It Is The Duty Of Every Agent To Perform His Undertaking With That Degree Of Skill, Care And Diligence Which The Na Ture Of The Undertaking, And The Time, Place And Circum Stances Of The Performance Reasonably Demands, And Any Failure To Perform ...

Agents Duty To Notify
Agent's Duty To Notify Principal. It Is The Further Duty Of The Agent To Seasonably Notify His Principal Of Every Fact Coming To His Knowledge In Reference To The Agen Cy Which Might Be Material For The Principal To Know, In Order To Advance Or Protect His Interests. (arrott V. ...

Agents Duty To Obey
Agent's Duty To Obey Instructions. Agency Being A Form Of Employment, It Follows That The Agent Is Bound To Obey The Wishes And Instructions Of The Principal, If They Are Reasonable And Legal. The Effect Of Disobeying The Instructions Of The Principal Depends Upon The Result Of The Disobedience. The ...

Agents Wrongful Acts
Agent's Wrongful Acts. A Principal Is Always Respon Sible For The Wrongful Acts Of The Agent, When Such Acts Are Committed By His Express Direction. (state V. Smith, 78 Me. 26o.) • He Is Liable In The Same Manner And To The Same Extent For Such Acts As Lie Is ...

An Insurer The Common
The Common Carrier's Lia Bility, An Insurer. At Common Law, And By Present Law, Unless Relieved By Special Contract, The Common Carrier Is Held Responsible For All Losses To The Goods Accepted By Him For Shipment To Any Extent, Un Less Such Loss Was Caused By Act Of God, Or ...

And By Whom What
What May Be Pledged, 'and By Whom. Any And All Kinds Of Visible And Tangible Personal Property, And Choses In Action Evidenced By Written Contracts May Be Pledged. (schouler, Bailments, Sec. 166.) The Pledge May Be Made To Secure Any- Lawful Debt, Or The Performance Of Any' Legal Contract. And ...

Application Of The Principles
Application Of The Principles Of Construction. It Is Our Purpose In This Section To Give Briefly Some General Applications Of The Rules Of Construction And Interpretation. Where The Authority Is To Sell Land. A Power Of At Torney In The Following Words Is Held Not To Give Au Thority To ...

Appointment And Implied Powers
Appointment And Implied Powers Of Factors. Factors Are Persons Em Ployed To Sell Goods Upon Commission. Their Appoint Ment May Be By Parol, In Writing, Or Inferred From Con Duct. No Formal Grant Of Authority Being Necessary. Their Powers May Be Expressly Limited, And Unless Lim Ited They Include By ...

Auctioneers
Auctioneers. As A Rule, In The Absence Of Statute Prescribing Require Ments, Any Person Competent To Act As An Agent May Be Employed As An Auctioneer. Regulations In Some Cases Are Prescribed By Statute, And They May Also Be Sub Ject To Local Municipal Regulations. The Auctioneer Is The Agent ...

Authorities On The Law
Authorities On The Law Of Agency. Prominent American Authors On Agency Or Principal And Agent Are, Story, Wharton, And Me Chem. The Last Mentioned Author Has Compiled A Very Complete And Useful Work For Practitioners, And It Is. Also The Latest Work Of The Three. Ewell's Evans Agency Is An ...

Authority
Authority. Agency Being A Relation Usually Springing From A Contract Express Or Implied, And The Agent's Authority Being A Grant From The Principal, It Follows That The Rules Applicable To The Construction Of A Contract, Are Likewise Applicable In Construing The Agent's Authority. We Have Already Seen That When The ...

Bailees Lien For Services
Bailee's Lien For Services. The Bailee Has A Lien For His Work Or Services. Generally Such A Lien Can Exist Only When The Bailment Service Has Been Rendered With The Knowl Edge And Consent Of The Owner. (small V. Robinson, 69 Me. 425.) But If The Service Is Done On ...

Bailment Defined
Bailment Defined. Bailment Is Treated Under The Head Of Contracts By Blackstone, And Is Defined To Be "a Delivery Of Goods In Trust, Upon A Contract, Express Or Implied, That The Trust Shall Be Faithfully Executed On The Part Of The Bailee." The Word Itself Being Derived From The French ...

Bailment Distinguished From A
Bailment Distinguished From A Sale. A Bailment Is Not To Be Confounded With A Sale, Though In Some Instances A Sale May Resem Ble A Bailment. A Sale Signifies The Absolute Transfer Of Property From One Person To Another. A Bailment Is Only A Qualified Transfer; The Bailor Retains The ...

Bailment Not An Equitable
Bailment Not An Equitable Trust. A Bailment Is A Trust In One Sense, But It Is To Be Distinguished From The Technical Trust Enforced By Courts Of Equity. In An Equitable Trust There Is A Pass Ing Of The Legal Title From The Grantor To A Trustee To Hold In ...

Bailments Classified
Bailments Classified. There Are Various Classifications Of Bailments By Authors, More Or Less Similar, And Founded Upon The Same Principles. We Shall Give Two Of These Classifications, The First, Called The Roman Classification, Because Borrowed From The Roman, Or Civil, Law, Is Followed By Many Writers; The Second, Or English, ...

Bailors Duty To The
Bailor's Duty To The Bailee. It Is The Duty Of A Bailor To Notify The Bailee Of Any Danger Connected With The Charge Of The Property Bailed Or The Service To Be Rendered. Thus, If A Vicious Horse Cause Injury To A Blacksmith, Who Was Not Told Of The Danger, ...

Bankrupt Cy Of The
Bankrupt Cy Of The Parties. When The Principal Be Comes Bankrupt, Or Makes A General Assignment, The Authority Of An Agent Engaged In His Business Is Thereby Revoked. (mechem' On Agency, Sec. 263.) But This Rule Does Not Affect An Agent Whose Authority Is Coupled With An Interest; Hence A ...

Carriers Defined
Carriers Defined. Carriers In Clude All Persons Engaged In The Transportation Of Goods Or Persons; They Are Divided Into, 1, Private Or Special Carriers, And, 2, Public Or Common Carriers. ...

Carriers Of Live Stock
Carriers Of Live Stock. In Some States, As Michigan, Carriers Of Live Stock Are Not Considered Common Carriers. (25 Mich. 229.) But By The Weight Of Authority Carriers Of Animals Are Common Carriers, And Subject To The Same Responsibilities, Save As Modified By The Nature Of The Things Being Shipped. ...

Carriers Of Passengers
Carriers Of Passengers A Carrier Of Passengers Is Not Held To The Same Degree Of Accountability As A Carrier Of Goods, As The Passenger Is Supposed Able To Care For Himself To Some Extent, And, Further, The Carrier Has Not The Same Right Of Control As Over Goods. Hence His ...

Carriers Right Over The
Carrier's Right Over The Goods. In General The Carrier Has No Right To De Mand Information As To The Nature And Value Of The Goods Offered For Shipment In Packages, But He May Do So Where The Goods Excite Suspicion As Being Danger Ous. The Carrier May Insure The Goods ...

Carriers Right To Eject
Carrier's Right To Eject A Passenger. By Disorderly Conduct, Drunkenness, Refusal To Pay Fare, Or By Losing His Ticket And Refusing To Pay Again, A Passenger May Forfeit His Right To Ride On The Train Or Other Vehicle Of The Carrier, And May Be Ejected By The Conductor. But The ...

Case Of Sealed Instruments
Case Of Sealed Instruments. When The Agent As Sumes To Bind The Principal By The Execution Of An In Strument Under Seal, As By Deed, Bond, And The Like, He Must In General Be Governed By The Technical Rule Of The Common Law, Which Requires That The Instrument Show Upon ...

Case Of Simple Contracts
Case Of Simple Contracts. Where A Simple Contract Is Executed By An Agent For A Principal It Ought To Pur Port Somewhere In The Instrument, That It Is Executed For Another, Who, In The Same Instrument, Is In Some Way Identified. Beyond This Statement There Can Be No General Rule, ...

Circumstances Relieving The Innkeeper
Circumstances Relieving The Innkeeper. The Innkeeper May Relieve Himself From Liability By Showing Negligence On The Part Of The Guest Or The Guest's Servants; Also By Show Ing That The Guest Had Taken The Care Of The Goods Upon Himself, Or By His Own Neglect Exposed Them To Peril. Thus, ...

Civil And Crim Inal
Civil And Crim Inal Liability For Agent's Criminal Acts. Though The Agent's Wrongful Act Amounts To A Crime, The Principal Is Responsible For Its Commission In A Civil Action For Damages At The Suit Of The Party In Jured Thereby. He Will Also Be Liable Where The Agent Has Done ...

Classification Of Agents
Classification Of Agents. As Regards The Extent Of Their Authority, Agents Are Classified As Universal, General And Special. Other Divisions Are: As Regards The Nature Of The Agency, Mercantile And Non-mercantile; As Regards The Obligation Assumed By The Agent, Del-credere And Not Del-credere; As Regards The Degree Of Diligence Which ...

Commodatum Or Gratuitous Loan
Commodatum Or Gratuitous Loan. This Is A Loan Of An Article To Be Used By The Borrower, Or Bailee, Without Paying For The Use. Hence 'le Bailee Gets The Benefit Of The Bailment, That Is, The Gratuity Is On The Part Of The Bailor. This Fact Makes A Change In ...

Connecting Carriers
Connecting Carriers. A Con Necting Carrier Is One Who Receives The Goods From An Other Carrier, And Not Immediately From The Shipper. Any Corporation Acting As A Carrier Has Power To Con Tract To Carry Beyond Its Own Terminus, And Such A Con Tract Is Not Ultra Vires, Or Beyond ...

Consequences Of Ratifica Tion
Consequences Of Ratifica Tion. As The Ratification Of The Act Of An Assumed Agent Necessarily Affects Three Parties—theprincipal,the Agent, And The Third Party, With Whom The Agent Has Dealt—the Consideration Of This Subject Includes: I. The Effect As Between The Principal And Agent; 2, The Effect As Between The Principal ...

Construction Of Implied
Construction Of Implied Art Implied Authority Equally- With One Expressively Given, Is Not To Be Extended Beyond Its Proper Scope, And Is Limited To The Principal's Business. But An Implied Authority Carries With It As An Incident, The Power To Do Those Things Which Are Necessary And Proper In Order ...

Contract
Contract. When An Agent Represents To The Party With Whom He Deals That He Is Authorized To Act For Another When He Is Not, He Makes Himself Liable To Such Party For Any Loss Which The Latter Sustains By Reason Of Such Want Of Authority; And This Rule Applies Whether ...

De Positum And Mandatum
Gratuitous Bailments, De Positum And Mandatum Considered. By A Gratuitous Bailment Is Meant One In Which The Bailee, Depositary Or Mandatary Receives No Reward For His Services In Behalf Of The Bailor. It Is But Reasonable That He Should Not Be Held To The Same Degree Of Dili Gence As ...

Death Of Agent
Death Of Agent. It Is The General Rule That The Death Of An Agent Revokes His Authority Unless It Is Coupled With An Interest. (adriance V. Rutherford, 57 Mich. 17o; Col Lins V. Hopkins, 7 Ia. 463; Merrin V. Lewis, Go Ill. 505.) A Joint Private Agency Is Terminated By ...

Death Of Principal
Death Of Principal. In General, The Death Of The Principal Operates Instantly To Revoke The Authority Of Every Agent Save Those Whose Authority Is Coupled With An Interest. The Subsequent Acts Of The Agent Are Invalid, Though Performed In Good Faith And Without Notice Of The Death Of The Principal. ...

Delivery In Pledge
Delivery In Pledge. Delivery Of The Property To The Bailee Is Necessary In All Bailments. In Pledge It Is Especially Necessary Since It Is Only While The Pledgee Has Posses Sion That He Has Security For His Debt. But This Deliv Ery May Be Actual, Or Constructive; And Even A ...

Disclosed Principal
Disclosed Principal. The Fundamental Principle Of The Law Of Agency Being That "qui Facit Per Alium, Facit Per Se," It Follows That The Principal Is Responsible For All The Acts Of The Agent Which Are Lawful And Within The Scope Of The Employment Or Character He Has Given The Agent. ...

Distinguished From Master And
Distinguished From Master And Servant. While An Agency May Be Deemed An Employment, The Word "agency" Is Not Synonymous With "employment." An Son Explains That An Agency Is An Employment For The Purpose Of Bringing The Employer Into Legal Relations With A Third Party. Professor Mechem, After Admit Ting That ...

Distinguished From Mortgage
Distinguished From Mortgage. A Pledge Is To Be Distin Guished From Mortgage Though It Closely Resembles A Chattel Mortgage. In A Chattel Mortgage The Legal Title Passes To The Mortgagee Upon The Condition That If The Sum Secured By The Mortgage Is Repaid The Title Of The Mortgagee Is To ...

Duties And Liabilities Of
Duties And Liabilities Of Agent To His Principal. The Agent Is The Representative Of His Principal, Is His Other Self During The Existence Of The Agency, And Because Of This It Is The Agent's Duty To So Demean Himself That He May Repre Sent His Principal With Loyalty, Fidelity And ...

Duties And Liabilities Of_2
Duties And Liabilities Of The Principal To The Agent. The Agent Being In The Employ Of The Principal Is Entitled To Com Pensation For His Services, Also To Be Indemnified For His Authorized Acts. In Addition To These Claims Upon The Principal, He Is Entitled Equally With Other Servants To ...

Duties And Liabilities Of_3
Duties And Liabilities Of Third Persons To The Agent. Ks A Rule, The Contracts Made By An Agent, As Such, On Behalf Of His Principal, And In Which He Has No Beneficial Inter Est, Cannot Be Sued Upon By. The Agent. The Principal Alone Can Sue Upon Them. (buckbee V. ...

Duties And Liabilities Of_4
Duties And Liabilities Of Auctioneers. As Other Agents He Is Bound To Exercise Such Skill And Diligence As The Employment Which He Holds Himself Out As Competent To Conduct Requires, But Will Not Be Responsible For Mistakes Or Errors Of Judgment In The Absence Of Apparent Negli Gence. He Should ...

Duties And Liabilities Of_5
Duties And Liabilities Of Brokers. He Is Held To The Usual And Ordinary Skill And Diligence Which Is Employed By Others In The Line Of His Employment, And For A Failure To Exercise Such Rea Sonable And Usual Discretion And Diligence He Will Be Liable To His Principal For The ...

Duties And Liabilities Of_6
Duties And Liabilities Of Factors. Factors Also Are Bound To That Degree Of Skill, Diligence And Prudence Which Is Current In The Employment They Profess To Follow. They Are Bound To Be Faithful And Loyal To Their Principal, And Keep Them Selvcs From Assuming Adverse Interests Or From Repre Senting ...

Duties Owing Sub Agents
Duties Owing Sub Agents. When The Agent Has, By Express Or Implied Authority From The Principal, Employed A Sub Agent, Such Agent Becomes The Agent Of The Principal, And His Rights Are To Be Determined As In The Case Of The First Agent Himself; The Principal Being Obligated To Him ...

Duty To Com Pensate
Duty To Com Pensate The Agent. The Duty Of The Principal To Compensate The Agent May Arise Either By Express Or Implied Agreement. When Such Agreement Is Ex Press Or Is In Writing It Speaks For Itself And Is Conclu Sive. Whether A Promise To Pay An Agent For His ...

Duty To Pro Tect
Duty To Pro Tect The Agent From Injury. In General The Principal's Duty Toward His Agent In Regard To Pro Tecting Him From Injury In The Course Of His Employ Ment, Is The Same As That Of A Master Toward His Ser Vant, A Subject Already Discussed In A Previous ...

Duty To Reim Burse
Duty To Reim Burse And Indemnify The Agent. An Agent Is Entitled To Be Reimbursed For All Proper Outlays And Expenses Incurred By Him In The Course Of The Em Ployment For The Benefit Of The Principal. But This Does Not Extend To Expenses Made Necessary By The Fault Or ...

Essentials Of Ratification
Essentials Of Ratification. That A Valid Ratification May Be Made Of The Act Of An Assumed Agent By A Principal, Certain Necessary Ele Ments Or Conditions Must Appear; These Are: 1. The Pretended Agent Must Have Assumed To Act For Some One Else, That Is, Have Acted In A Representative ...

Exceptions To The General
Exceptions To The General Rule. The General Rule Above Stated May Be Modified By The Circumstances And Neces Sities Of The Particular Case, Or From The Usage Of Trade Allowing The Delegation Of The Ac,rent's Authority. Thus, Where The Employment Of A Sub-agent Is Imperatively Necessary, And The Principal's Interest ...

Exceptions
Exceptions. The Postmaster And His Assistants May Be Held Responsi Ble For Any Loss Arising From A Flagrant Violation Of In Structions, Or For Their Own Willful And Fraudulent Mis Conduct. (bishop V. Williamson, I I Me. 495; Hutchins V. Brackett, 22 N. H. 252.) So, Where It Is The ...

Exemption From Liability
Exemption From Liability. A Telegraph Company, Equally With A Common Carrier, Cannot Stipulate To Exempt Itself Frotn The Results Of Its Own Negligence, Such Stipulations, Or Regulations, Being Contrary To Public Policy And Void. (telegraph Co. V. Griswold, Supra.) So A Stipulation In A Telegraph Blank That The Company Will ...

Express
Express An Express Appointment Is One Made By The Voluntary And Express Act Of The Principal, As By Word Of Mouth Or By A Written Instrument. An Oral Appointment Is Of The Same Efficacy As A Written One, Except In Those Cases Where A Writing Is Made Obligatory. (story On ...

For What Property Liable
For What Property Liable. The Innkeeper Is Said To Be Liable For All The Property, Whether Money Or Valuables, Of The Guest Brought Within The Inn, To Any Extent. (ar Mistead V. Wilde, 17 Q. B. 261; Walsh V. Porterfield, 87 Pa. St. 376; Smith V. Wilson, 36 Minn. 334.) ...

How A Corporation May
How A Corporation May Ap Point Agents. At The Common Law A Corpora Tion Could Contract Or Make Appointments Only By A Writing Under The Corporate Seal. But This Doctrine No Longer Prevails, And A Corporation May Appoint Agents To Perform All Acts Within The Scope Of Its Corporate Powers ...

How An Agent May
How An Agent May Be Except The Few Cases Where An Agency Of Necessity Is Created By Law, Regardless Of The Princi Pal, It Is The General Rule That The Authority' Of The Agent Must Be Given By The Principal. Examples Of Authority; Conferred By Law Or Necessity Are, Where ...

How It Is Determined
How It Is Determined To What Class An Agent Belongs. It Is Not Always Plain Whether An Agent's Authority Is General Or Special, And This Question Must Be Determined By The Court Or Jury. As A Rule, The Existence, Nature, And Extent Of An Agency Are Questions Of Fact Which ...

How The Agents Authority
How The Agent's Authority Is To Be Executed. Having Ascertained That An Agent Acts For And On Behalf Of His Principal, It Is Clear That It Is The First Duty Of An Agent, In The Execution Of The Power Conferred Upon Him, To Secure The Principal The Benefit Sought Through ...

How The Relation May
How The Relation May Arise. Agency Being A Relation Founded Upon A Contract Between The Parties, Except In Those Cases Where It Is Implied By Law, Sometimes Called An "agency' Of Neces Sity,- It Follows That The Assent Oi The Parties May Be Signified By Offer And Acceptance, As In ...

Implied Ap Pointment
Implied Ap Pointment. An Appointment Is Implied When It Is Not Made Expressly, But Is Inferred From The Circum Stances Of The Particular Case Or Springs From The Op Eration Of Some Rule Of Law. An Agency May Be Im Plied From The Acts, Words Or Conduct Of The Parties; ...

Infants And Others As
Infants And Others As Agents. In The Absence Of Statutory Prohibitions An Infant Above The Age Of Seven Years May Be An Agent. But As Between The Principal And Third Persons, If A Very Young Person Is Employed As An Agent, He Should Be Charged With Only Such Duties As ...

Innkeepers Liability
Innkeeper's Liability The General Doctrine Is That The Inn Keeper Becomes The Insurer Of The Guest's Property In The Inn, And That He Is Liable For Its Safekeeping And Re Turn To The Guest, Unless He Can Show That The Loss Or Damage Was Caused By The Act Of God, ...

Innkeepers Remedies For Se
Innkeeper's Remedies For Se Curing His Reward. The Innkeeper Is Entitled To Coinpensation From His Guest For His Entertainment And The Care Of His Property', And This The Law Affords Him Various Methods Of Securing: Thus, He Is Permitted To Demand His Pay In Advance; Is Given A Right To ...

Insanity Of The Principal
Insanity Of The Principal Or Agent. It Is The General Rule That After-occurring Insanity Of The Principal Will Suspend Or Revoke The Agency, Unless Coupled With Such An Interest In The Agent As Allows Its Exercise In The Agent's Name. (davis V. Lane, Io N. H. 156; Motley V. Head, ...

Joint Agents Discussed
Joint Agents Discussed. An Agency May Be Conferred Upon A Number Of Persons Jointly, And These Persons Are Then Known As Joint Agents. Joint Agencies Arc Classified As, T, Public, And, 2, Private; The Rule Governing The Execution Of The Dele Gated Power Being Different In Each Case. In Case ...

Joint Principals Discussed
Joint Principals Discussed. The Authority To Appoint An Agent May Be Held By A Number Of Persons In Such A Manner That The Joint Ac Tion Of All Will Be Necessary To Bind All. Again, The Principals May Be So Associated That One Cannot Act For All Without Having The ...

Kinds Of Brokers
Kinds Of Brokers. The Occupa Tion Of A Broker Is To Bring Parties Together For The Pur Pose Of Bargaining, Or To Make Bargains For Them In Various Commercial Matters. They May Be Divided Ac Cording, To The Class Of Transactions In Which They Deal, Into Money-brokers, Stock-brokers, Ship-brokers, Bill ...

Liability As To The
Liability As To The Person Of The Guest. The Inn Keeper's Liability As To The Person Of The Guest Is Not So Strict As For The Guest's Property, For The Evident Reason That The Guest Is Able To Look After Himself Somewhat, And Is Not Within The Control Of The ...

Liability For Negligence
Liability For Negligence. In General The Plaintiff Must Show That The Carrier Is Guilty Of Some Legal Fault, Or Has Not Used Reasonable Care Or Due Diligence Under The Circumstances. The General Rule Being That Negligence Must Be Proved And Is Never Presumed, But The Circumstances May Give Rise To ...

Liability For Passengers Baggage
Liability For Passenger's Baggage. The Carrier Is Bound To Deliver The Bag Gage Of A Person At The End Of The Journey, Unless De Stroyed By Inevitable Accident Or The Public Enemy, And A Delivery To The Wrong Person On A Forged Order Will Not Excuse Him. His Responsibility Remains ...

Liability Limited By Stat
Liability Limited By Stat Ute. By State Statutes The Liability Of The Innkeeper Who Provides A Safe For The Deposit Of The Guest's Money And Valuables, And Complies With The Statutory Require Ments, As To Giving Notice Of The Existence Of The Safe And The Limitation Of His Liability, Will ...

Liability Of Depositary
Liability Of Depositary. A Depositary Is A Gratuitous Bailee, And As Such Is Only Required To Exercise Slight Diligence; In General They Are Simply Bound To Exercise Good Faith In The Care And Management Of The Goods Left With Them. But If A Depositary Is In The Habit Of Dealing ...

Limitation By Public Notice
Limitation By Public Notice. As A Rule In This Country The Common Carrier Cannot Limit His Liability By A Public Or General Notice, As By Advertising Or Printing On His Cards, "all Baggage At The Risk Of The Owner." (fish Chapman, 2 Ga. 349; Jones V. Voorhees, To Ohio, 145.) ...

Limitation Of Liability By
Limitation Of Liability By Special Contract. It Is Now Well Settled In This Country That A Common Carrier May Limit His Cont Mon Law Liability By Special Contract With The Owner Or Shipper. (n. J. Steatn Nay. Co. V. Bank, 6 How. 344; Camden, Etc., Ry. Co. V. Bauldauf, 16 ...

Mandataries
Mandataries. The Duties Of Mandataries, Or Those Who Accept A Gratuitous Commission, Are Similar To Those Of Deposi Taries; The Service Being Gratuitous, They Are Only Liable For Gross Negligence In Its Performance. The Goods Be Actually Received By The Mandatary To Bind Him; An Executory Contract To Receive A ...

Marriage
Marriage. At Common Law The Marriage Of A Single Woman Re Voked A Power Of Attorney Previously Given By Her, But This Rule Is Generally Abrogated‘ By The Modern Statutes Giving- Married Women Capacity To Contract As Though Single. So, The Marriage Of A Principal May Revoke Au Thority To ...

May Not Excuse His
May Not Excuse His Own Neg Ligence By Contract. Public Policy De Mands Of The Carrier Of Passengers That He Shall Exercise Due Care And Skill And All Possible Vigilance To Protect The Passengers From Injury, And Hence, As In The Case Of A Carrier Of Goods, Forbids Him To ...

Meaning Of Ratification In
Meaning Of Ratification In The Law Of Agency. By Ratification Is Meant The Act Of Giving Sanction And Validity To The Previously Unauthorized Act Of One, Who, In Respect Of Such Act, Has Assumed To Act For Another. This Assumption May Consist In The Exercising Of The Power Of An ...

Measure Of Liability
Measure Of Liability. Ordiiiary Care And Skill Is Required Of Bailees For Hire, Hence Ordinary Care Is The Measure Of Their Liability. As Has Been Seen, If The Bailment Ser Vice Is Rendered By One In Connection With A Calling Or Profession In Which Special Or Technical Knowledge Or Skill ...

Method Of Presenting The
Method Of Presenting The Law Of Agency. Having In The Present Chapter Defined And Introduced The Subject Which We Are To Treat, We Shall In The Succeeding Chapters Consider Suc Cessively The Following Topics, Into Which The Subject Of Agency Naturally Divides Itself: First, The Forma Tion Of The Relation; ...

Method Of Re Voking
Method Of Re Voking. The Methods Of Revoking The Agent's Authority Correspond With Those By Which The Authority Is Conferred. Thus The Revocation May Be Express Or Implied. It May Be In Writing, With Or Without Seal, May He In The Form Of A Public Announcement Or Procla /nation Or ...

Method Of Treating The
Method Of Treating The Sub Ject. We Propose After Having Introduced The Sub Ject In The Present Chapter, To Next Consider The General Principles Applicable Alike To All Bailments, Then To Clas Sify Bailments Discussing Briefly The Various Divisions Usually Made, And Finally To Consider The Classes Of Ex Ceptional ...

Methods Of Terminating The
Methods Of Terminating The Relation. An Agency May Be Terminated And The Authority Of The Agent Revoked In Any One Of Three Ways: I. By The Operation And Arrangement Of The Things, Or The Expiration Of The Time For Which The Agency Was Created. 2. By The Subsequent Act Or ...

Mutuum Considered
Mutuum Considered. This Is Re-lly No Bailment Under Our Law. The Term Is Froin The Civil Law, And Indicated A Deposit Of Goods To Be Consumed, And Returned In Goods Of Like Kind. Such A Contract In American Law Amounts To A Sale, A Few Cases To The Contrary. ...

Nature Of The Relation
Nature Of The Relation Of Attorney And Client. The Relation Which Arises From The Employment Of An Attorney-at-law To Conduct A Case Or Transact Business For One, Is That Of Principal And Agent, And The General Rules Applicable To Agency Apply To The Parties To The Contract. The Em Ployment ...

Notice To Revoke
Notice To Revoke. "in Order To Render The Revo Cation Effectual, Notice Of It Must Be Given To Those Par Ties Whom The Revocation Is Desired To Affect, And These Parties Are The Agent Himself And Those Persons Who, From The Knowledge Of His Authority Or From, Previous Dealings With ...

Or Expira Tion Of
Termination By The Com Pletion Of The Purpose, Or Expira Tion Of Time Set. When An Agency Is Created To Exist Only For A Stated Period Of Time, Or Until The Happening Of Some Particular Event, Or For The Purpose Of Performing Some Specific Act, The Expiration Of The Period, ...

Or Hired Services In
Locatum, Or Hired Services In Connection With A Chattel. We Have Already Seen (sec. 677) That Bailments Of This Sort Are Divided Into Four Classes: (a) Hiring Of A Thing For Use, As Engaging A Livery Rig. (b) Hiring Of Work And Labor Upon A Chattel, Constitutes An Implied Bailment ...

Or Pledge Pignus
Pignus, Or Pledge, Consid Ered. This Is A Mutual Benefit Bailment, That Is, For The Benefit Of Both The Bailor And Bailee. Hence The Law Requires Of The Bailee A Greater Degree Of Care Than When The Service Is Gratuitous; And Not As Much Care As When The Benefit Is ...

Other Duties Imposed On
Other Duties Imposed On Innkeeper. He Is To Furnish Lodging And Entertainment To All Who Apply To The Ex Tent Of His Accommodations, If The Applicants Are Suit Able Persons And Able To Pay For Their Accommodation. This Is A Duty Which Is Imposed Upon Him By Reason Of The ...

Party Dealing With Agent
Party Dealing With Agent Bound To Ascertain His Authority. Persons Dealing With An Agent Are Bound To Ascertain Both The Fact And Scope Of The Agency, And This Whether It Be A General Or A Special Agency. And When Either The Fact Or Scope Of The Agency Is Denied By ...