nd it.
In other states the mortgagee's discretion is not so broad, before
taking possession he must have reasonable grounds for believing
himself insecure, that the mortgagor has done, or threatens to do,
something that would impair the mortgagee's security.
Where the common law prevails and no statute has been enacted
regulating the rights of parties, an important question is still
unsettled in cases of a mortgage given on a stock of merchandise which
permits the mortgagor to remain in possession and to sell the property
mortgaged in the course of trade. Can he do this? In many states such
a mortgage is regarded as fraudulent to creditors, in other states if
such a mortgage is not, on proper judicial inquiry, proved to be a
fraud, it will be upheld.
A provision in a mortgage that it shall cover after acquired property
is regarded in some states as an executory agreement that it shall be
held by the mortgagee as security; and the mortgagee may take
possession of it, should the mortgagor fail to pay his debt, in
accordance with his promise, before the rights of third persons have
intervened. See _Mortgage_.
=Chauffeur.=--In many states minors are forbidden by statute to run
automobiles. If therefore the owner of a car permits a minor to drive
his car, he may be held liable for the injuries resulting from the
driver's negligence. Should a chauffeur's license not disclose
physical disabilities the license is not void, nor is he a trespasser
in operating the machine on the highway. Such a license though
defective is valid until revoked by the proper authority.
If discharged before the expiration of the term of his employment, an
employer is still liable for his chauffeur's pay unless he has been
unwilling or unable to fulfill his contract. If, however, he has been
prevented by sickness or similar disability, he can recover, not
perhaps the amount stated in the contract, but the worth of his
services during the period of serving his employer.
A chauffeur may recover damages from his employer for injuries
received while operating his car. The basis of the action is his
employer's negligence. If the engine "kicks back" while he is cranking
the car, and the employer contributed to the result by moving the
spark lever, he is liable. If he is injured while running a car from a
defective brake of which he had knowledge, he cannot recover. But if
the employer knew, and the chauffeur did not know that the brake was
def
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