2.
Each of these definitions, says Judge Story, seems redundant and
inaccurate if it be the proper office of a definition to include those
things only which belong to the genus or class. Both these definitions
suppose that the goods are to be restored or redelivered; but in a
bailment for sale, as upon a consignment to a factor, no redelivery is
contemplated between the parties. In some cases, no use is contemplated
by the bailee, in others, it is of the essence of the contract: in some
cases time is material to terminAte the contract; in others, time is
necessary to give a new accessorial right. Story, on Bailm. c. 1, §2.
3.
Mr. Justice Blackstone has defined a bailment to be a delivery of goods
in trust, upon contract, either expressed or implied, that the trust
shall be faithfully executed on the part of the bailee. 2 Bl. Com. 451.
And in another place, as the delivery of goods to another person for a
particular use. 2 Bl. Com. 395. Vide Kent's Comm. Lect. 40, 437.
4.
Mr. Justice Story says, that a bailment is a delivery of a thing in
trust for some special object or purpose, and upon a contract, express
or implied, to conform to the object or purpose of the trust. Story on
Bailm. c. 1, §2. This corresponds very nearly with the definition of
Merlin. Vide Repertoire, mot Bail.
5.
Bailments are divisible into three kinds: 1. Those in which the trust
is for the benefit of the bailor, as deposits and mandates. 2. Those in
which the trust is for the benefit of the bailee, as gratuitous loans
for use. 3. Those in which the trust is for the benefit of both parties,
as pledges or pawns, and hiring and letting to hire. See Deposit; Hire;
Loans; mandates and Pledges.
6.
Sir William Jones has divided bailments into five sorts, namely: 1.
Depositum, or deposit. 2. Mandatum, or commission without recompense. 3.
Commodatum, or loan for use, without pay. 4. Pignori acceptum, or pawn.
5. Locatum, or hiring, which is always with reward. This last is
subdivided into, 1. Locatio rei, or biring, by which the hirer gains a
temporary use of the thing. 2. Locatio operis faciendi, when something
is to be done to the thing delivered. 3. Locatio operis mercium
vehendarum, when the thing is merely to be carried from one place to
another. See these several words. As to the obligations and duties of
bailees in general, see Diligence, and Story on Bailm. c. 1; Chit. on
Cont. 141; 3 John. R. 170; 17 Mass. R. 479; 5 Day, 15; 1 Conn. Rep. 487;
10 Johns. R. 1, 471; 12 Johns. R. 144, 232; 11 Johns. R. 107; 15 Johns.
R. 39; 2 John. C. R. 100; 2 Caines' Cas. 189; 19 Johns. R. 44; 14 John.
R. 175; 2 Halst. 108; 2 South. 738; 2 Harr. & M'Hen. 453; 1 Rand.
3; 2 Hawks, 145; 1 Murphy, 417; 1 Hayw. 14; 1 Rep. Con. Ct. 121, 186; 2
Rep. Con. Ct. 239; 1 Bay, 101; 2 Nott & M'Cord, 88, 489; 1 Browne,
43, 176; 2 Binn. 72; 4 Binn. 127; 5 Binn. 457; 6 Binn. 129; 6 Serg.
& Rawle, 439; 8 Serg. & Rawle, 500, 533; 14 Serg. & R. 275;
Bac. Ab. h. t.; 1 Bouv. Inst. n. 978-1099.
BAILOR, contracts. He who bails a thing to another.
BAILOR, contracts. He who bails a thing to another.
2.
The bailor must act with good faith towards the bailee; Story's Bailm.
§74, 76, 77; permit him to enjoy the thing bailed according to contract;
and, in some bailments, as hiring, warrant the title and possession of
the thing hired, and probably, to keep it in suitable order and repair
for the purpose of the bailment. Id. §Vide Inst. lib. 3, tit. 25.
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