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Updated: May 12, 2025
The other cases relied on were some of those on general bailment collected above; the same authorities, in short, on which Southcote's Case was founded. The principle adopted was the same as in Southcote's Case, subject only to the question whether the defendant fell within it.
For instance, when Jonas is sawing wood with my saw, the saw is a bailment from me to him; it remains my property; but he is to use it for a specific purpose, and then return it to my possession." "He does not bring it back to you," said Rollo. "No, but he hangs it up in its place in my shed, which is putting it again in my possession.
"Well, sir," said Rollo, "and how is it?" "Why, you see," said his father, "there are various kinds of bailments. A thing may be bailed to you for your benefit; as, for instance, if James were to lend you his knife, the knife would be a bailment to you for your benefit.
But, further, the common law protects a bailee against strangers, when it would not protect him against the owner, as in the case of a deposit or other bailment terminable at pleasure; and we may therefore say that the intent even to exclude need not be so extensive as would be implied in the animus domini.
Bernard, /2/ denies that the chest would make any difference; but the old books agree that there is no delivery if the goods are under lock and key; and this is the origin of the distinction as to carriers breaking bulk in modern criminal law. /3/ In the reign of Edward III., /4/ the case of a pledge came up, which seems always to have been regarded as a special bailment to keep as one's own goods.
As before, the breach of duty complained of might be such damage to property as had always been sued for in that form of action, or it might be a loss by theft for which detinue would formerly have been brought, and which fell on the bailee only by reason of the bailment.
But if he were to ask you to carry his knife somewhere to be mended, and you should take it, then it would be a bailment to you for his benefit." "Well, sir, I took the wallet for Sarah's benefit, not mine," said Rollo.
Finally, on the question of negligence, that it was not sufficient to have the usual number of men to guard the ship, but that it was neglect not to have enough to guard the goods, unless in case of the common enemies, citing the case of the Marshal, which it will be remembered was merely the principle of Southcote's Case and the common law of bailment in another form. /3/
But the law was otherwise as to a pledgee, if he had kept the pledge with his own goods, and the two were stolen together. /1/ This distinction was accounted for, at least in Lord Coke's time, by saying that the pledge was, in a sense, the pledgee's own, that he had a special property in it, and thus that the ordinary relation of bailment did not exist, or that the undertaking was only to keep as his own goods. /2/ The same expression was used in discussing the pledgee's right to assign the pledge, /3/ In this sense the term applied only to pledges, but its significance in a particular connection was easily carried over into the others in which it was used, with the result that the special property which was requisite to maintain the possessory actions was supposed to mean a qualified interest in the goods.
"When one person intrusts another with his property for any purpose, it is called bailing it to him. The wallet and the money were bailed to you. The law relating to such transactions is called the law of bailment. And the question is, whether, according to the law of bailment, you ought to pay for this loss."
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