onverts them to his own use. If the finder knows who the
owner is or has a reasonable clue to the ownership, which he
disregards, he is guilty of larceny.
Another class of cases must be noticed. Very often articles are
delivered to another to have work done on them, hides to be tanned, or
raw materials to be worked up into fabrics. Can a creditor of the
bailee pounce on tanned hides or completed fabrics as belonging to him
and take them in satisfaction of his debt? Both parties have in truth
an interest in the goods, and in general it may be said that the
bailor cannot thus be deprived of his interest and may follow the
goods and recover them or their value.
If they are destroyed while executing the agreement, who must lose? If
the bailee is not negligent or otherwise at fault, and the loss
happened by internal defect or inevitable accident, the bailor would
be the loser. And if workmen had been employed thereon, the bailor
would also be obligated to pay for their labor.
To what extent can a bailee limit his liability by agreement? A bailee
who was a cold storage keeper, stated in his receipt "all damage to
property is at the owner's risk." This limitation related, so a court
decided, to loss resulting from the nature of the things stored. A
bailee received some cheese and gave a receipt slating that it was to
be kept at the owner's risk of loss from water. It was injured from
the dripping of water from overhead pipes. The bailee was,
notwithstanding his receipt, held liable.
A bailor need not always be the owner of the thing bailed. He may be a
lessee, agent, or having such possession and control as would justify
him in thus acting. He should give the bailee notice of all the
faults in the thing bailed that would expose him to danger or loss in
keeping it. For example, if it were a kicking horse, he should warn
the bailee to keep away from his legs.
The courts have been often troubled about the degree of care required
of bailees, as it differs under varying circumstances. A bank that
permits a depositor to keep a box of jewelry or silver in its vault
for his accommodation, while absent from home and without receiving
any compensation therefor, is not required to exercise the same degree
of care as a safe deposit company whose chief business is to do such
things and is paid for its service. Nevertheless a bank must exercise
reasonable care, such care as is used in keeping its own things.
Suppose your packag
|