Home >> Cyclopedia-of-law-vol-5 >> Postmaster Is A Public to Writers On Bailment Law >> Title to the Bailed

Title to the Bailed Prop Erty


TITLE TO THE BAILED PROP ERTY. The legal title to the bailed property remains in the bailor, and he may transfer his right to the prop erty bailed without the consent of the bailee.

And in suits regarding the bailed property, however they may arise, the bailee is estopped from denying or disputing the bailor's title to the goods at the time they were delivered to him. The reason of this rule is plain, as it was from the bailor that the bailee received the goads he is not allowed to dispute the right of him under whom he claims. But a bailee may show that the bailor has transferred his title since making the bailment, or that the goods were taken from him by legal process at the instance of the real owner. (Rogers v. Weir, 34 N. Y. 463; Burton v. Wilkinson, 18 Vt. 186.) The natural increase of the property delivered in bailment, such as dividends on stock and the young of domestic animals belong to the bailor.

The bailee has the right of possession of the bailed property and may assert this right against every one save the owner who would wrongfully deprive him of his possession, or who injures the property, and to the extent of his lien for services or expenses incurred on the property may retain possession as against the owner.

property and bailee