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Justice is the object of government, and those who support the government, must be agreed as to the justice to be executed by it, or they cannot rightfully unite in maintaining the government itself. Jones on Bailments,
Whitlock, J. called attention to the fact that the action was tort, not contract. "Et en cest case ... Southcote's Case fuit cite." The same rule is stated as to bailments in general, the same year, by Sergeant Maynard arguendo in Williams v. Hide, /2/ again citing Southcote's Case. In Kenrig v. Nichols v.
Bernard, and of Sir William Jones in his book on Bailments, to show that Southcote v. The same principle was laid down seven years before by Peryam, C. B., in Drake v. Royman, /1/ and Southcote's Case was followed as a leading precedent without question for a hundred years. Thus the circle of analogies between the English and the early German law is complete.
An Essay on the Law of Bailments, and the translation of an Arabian Poem, on the Mohammedan Law of Succession to the Property of Intestates, to the latter of which undertakings he was incited by his views of preferment in the East, testified his industry in the pursuit of his legal studies; while, on the other hand, several short poems evinced, from time to time, his intended relinquishment of the tuneful art to be either impracticable or unnecessary.
Suppose also I should have a third watch, a lady's watch, which I had just bought somewhere, and I should ask him to be kind enough to keep it for me, a day or two, till my watch was done. These would be three different kinds of bailments. The repeater would be bailed to him for his benefit; the lever for his and mine jointly, and the lady's watch for my benefit alone.
Taylor's Elements of the Civil Law. Mackeldy's Compendium. Colquhoun's Summary of the Roman Civil Law. Domat's Civil Law. Reeves on the Domestic Relations. Bingham's Law of Infancy and Coverture. Roper on Husband and Wife. Angel and Ames on Corporations. Smith on Contracts. Story on Bailments. Jones on Bailments. Story on Partnership. Byles on Bills. Abbott on Shipping. Duer on Insurance.
And so all the things which Dorothy uses in the kitchen are bailments." "And if she breaks them, must she pay for them?" "No, not unless she is grossly careless. If she exercises good ordinary care, such as prudent persons exercise about their own things, then she is not liable, because she is using them mainly for my benefit, and of course it must be at my risk.
The money is for Sarah, and she must not refuse it, but take it and give it to her the first opportunity." So Rollo carried the money again to Dorothy. She received it this time, and put it in the wallet, and then deposited both in a safe place in her work-table. Then Rollo came back to his father to ask him a little more about bailments.
"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 he who recovers first shall oust the other of the action, and so it shall be in many cases, as if tenant by elegit is ousted, each shall have the assize, and, if the one recover first, the writ of the other is abated, and so here." It would seem from other books that this was spoken of bailments generally, and was not limited to those which are terminable at the pleasure of the bailor.
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