ally lead the shipper to suppose that he was
receiving and accepting the written evidence of a contract, and
therefore he is not bound by the terms of the receipt received, unless
there is other evidence that he assented thereto.
Though the United States is a common carrier for carrying mails, it
cannot be held liable because it is a branch of the government. Mail
matter may be carried by private persons, but this is limited to
special trips. By statute no person can establish any private express
for carrying letters or packets by regular trips or at stated periods
over any post route, or between towns, cities or other places where
the mail is regularly carried.
A public officer in performing his duties is exempt from all
liability. But a postmaster is liable to a person injured by his
negligence or misconduct and for the acts of a clerk or deputy
authorized by him. The assistant unless thus shielded must answer for
his own misconduct. A rider or driver employed by a contractor for
carrying the mails is an assistant in the business of the government.
Although employed and paid, and liable to be discharged at pleasure by
the contractor, the rider or driver is not engaged in his private
service; he is employed in the public service and therefore the
contractor is not liable for his conduct.
=Chattel Mortgage.=--A chattel mortgage is a conveyance of personal
property, as distinguished from real property, to secure the debt of
the lender or mortgagor. The essence of the agreement is, if the
mortgagor does not repay the money as he has agreed to do, the
mortgagee becomes the owner of the property. Until the mortgagor
fails to execute his part of the agreement, he retains possession of
the property. By statutes that have been enacted everywhere, the
mortgagee's interest, or conditional title in the property conveyed to
him, is secure by recording the deed even though the mortgagor still
retains possession.
The usual form of a chattel mortgage is a bill of sale with a
conditional clause, stating the terms of the loan and that, on the
mortgagor's failure to pay, the mortgagee may take possession of the
property. Any persons who are competent to make a contract may make a
chattel mortgage, and an agent may act for another as in many other
cases. When thus acting his authority may be either verbal, or
written, or may be shown by ratification. Persons also who have a
common ownership in chattels, tenants in common or pa
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