SECTIONS.

PLEDGOR, retains title, 176, 183.
right or power to create a pledge,
191-201.

of personal property, 202-208.
mode of making a pledge, 209–223.
relation of pledge to original debt,
224-233.

right to have same preserved, 234–
244.

property of pledgor, 245–278.

foreclosure of his interest or title,
279-297.

right to demand restitution, 298-
311.

his remedies for refusal or neglect,
312-324.

POSSESSION, when it follows the title,
30, 180.

evidence of title, 37.

sufficient to establish bailor's title
and right, 54-58.

present right of in owner gives the
action of trespass crtrover, 38, 39.
required to preserve lien, 201, 223,
269.

of innkeeper, 473-476.
of carrier, 645-654.

POST OFFICE, character of, 483-485.
carrying mails, 485.

POSTMASTERS, duties and liabilities of,
483.

local postmasters, 484.

PRECARIOUS LOANS, what are, 123, 133,
134, 170.

PRESCRIPTION, pledgee gets no title by,
151-153, 312, 313-315, 251-253.
appropriation by mortgagee or
pledgee, 301.

statute of limitations, 321-324, 251
253; note to section 202.
PRESENTMENT, of bills and notes, 240.
duty to make, and protest, 240.

duty to preserve security, 240–244.
See Negotiable Paper.
PRESUMPTIONS, respecting place and
mode of returning borrowed
goods, 160-169.
or pledges, 298–307.

determine the burden of proof, 354,
399-402.

against common carrier, 548-551,
577, 668-672.

of a through contract, 577-584.
against innkeepers, 479.

against bailee for hire, 620.

under special contracts by common
carrier, 672.

See Evidence, Burden of Proof, and
Onus Probandi.

PRICE OF HIRE, when right to recover
ceases, 375.

PRINCIPAL AND SURETY; contract of
pledge like a suretyship, 224.

SECTIONS

PRINCIPAL AND SURETY, effect of pay-
ment or tender of debt, 230.

a pledge treated as a security, 232.
notes held as collateral, 238, 239.
treatment of collaterals, 240-244.
demand of payment of note thus
secured, 256.

duty towards surety and others in
applying pledge, 272-274, 295.
factor like a pledgee, 275-278.
when owner of pledge treated as
surety, 302.

subrogation: must resort to prima-
ry fund, 310.

PRINCIPALS AND AGENTS, relation of,
2, 76, 91, 114.

a collecting agent, 90, 91, 607,
623.

right of countermand, 100, 134.
death of a mandator, 116, 117.
statute relating to agents and fac-
tors, 214-218.

authority to sell, 288-293.
resemblance

between factor and

pledgee, 275-278.

when carrier assumes duties of
agent, 607.

principals liable for agents and
servants, 389-398.

extent and ground of liability, 389-
398, 723.

liability of principal to agents, 361,

722.

carriers liable for misconduct of
agents and servants, 722, 723.
PROCEEDS, of sale of pledge, to be ac-
counted for, 299.

with income, less expenses of suit
on collaterals, 299, 300.

on foreclosure of liens, 331, 476,
654.

PROFESSIONAL MEN, diligence and skill
required of, 426–432, 444, 445.
PROHIBITORY STATUTE, effect of, 451,
452.

civil damage act, 451.
PROMISE, consideration required to up-
hold, 21, 86-91.

where there is no direct considera-
tion, 92-95.

accepting a trust, 95-100.

PROMISSORY NOTES; loan of for ac-
commodation, 122, 139, 305.
pledges of, 176, 193, 197, 205, 222.
indorsing over note secured by

mortgage, 185.

right to make pledge of, 191–197,
203, 222.

pledgee's duty to preserve, &c.,
233-244.

demand of note secured, 256.

pledgee may collect, must not sell,
257,258, 263, 259, 293.

SECTIONS.

PROMISSORY NOTES,borrowing on, with pledge, 2-3, 284, 304, 305.

rights of purchaser or advancor, 304-303.

merged in judgment on, or bond for, 318.

creditor's failure to preserve or collect, 319, 320.

See Negotiable Paper.
PROOF; see Evidence, Presumptions,
Burden of Proof, Onus Probandi.
PROPERTY, nature and protection of,
70-73.

cannot be acquired by a trespass,
followed by converting it into
another article, 111, 417.
strictly protected in bailments for
services, 410, 419.

materials delivered to have work
done on them, 410.

contracts to make or to sell,411-413. title under bailment for services, 414-419.

as affected by statute of frauds, 411-413.

not affected by process of manufacture, 111, 417.

difference between a sale and a bailment, 414-419.

fraudulent purchase, effect of, 193,
70-73.

an honest purchase from a fraudu-
lent purchaser, 193–197, 307.
in pledgor and pledgee, 245-278.
a pledge does not confer title, 249.
the title is reached by a foreclosure,
279-297.

no forfeiture allowed, 176, 250, 233,
233.

may be lost by confusion, 271.
sales of under execution-pledgor's
title, 259-262.
pledgee's interest? 264.

mortgagor's interest, when, 263.
in ordered goods, when the title
passes, 370, 412, 413, 590, 623,
643.

in goods delivered on trial, 85, 124.
loaned to be returned in kind, 120,
121, 370.

agreements to pay in goods, 164–

163.

sales on a condition, 188.

delivery in anticipation of a loan, 233.

sale of goods in the hands of a bailee, 317.

to be returned or paid for, 349, 387. to be manufactured on shares, 416418, 447.

ordered made, 411-413.

not changed by process of manufacture, 410.

SECTIONS.

PROTEST, pledgee's duty to, 240-243. demand of a secured note, 256. assignee or transferee's duty, 240–

243.

PROXIMATE CAUSE OF Loss, in the hands of a carrier, 541.

deviation from due course, 539, 540. under a policy of insurance, 589. PUBLIC ENEMY-exception of losses by,

547.

ground of the general rule, 548. carrier's liability as insurer, 549. chargeable at law as, 550. implied stipulations, 551. PURCHASERS, from party in possession, having no title, 70, 105, 103, 109, 387.

of goods in the hands of bailee, 347, 263.

under execution against bailor, 259-262.

under execution against bailee, 264.

when to bear risk of losses, 48, 147

149, 233, 235, 333, 359, 360.

under statute of frauds, 411-413, 665.

demand by, when necessary, 39, 70, 103, 103.

in bad faith, 105, 387.

of stolen goods, 70, 105, 108, 109,

337.

delivery to carriers for, 412, 413, 590, 633, 635.

under a verbal order, 655.

on special terms, 6:3, 643.
delivery of goods in bond, 216, 217.
in warehouse, 217.

under bill of lading, 590, 591, 665,
666.

QUANTUM MERUIT, recovery of, 426.

under a general retainer, 426-432. bailee for services, 425. QUASI-CARRIERS, liability of, 480, 562, 563.

private carriers, 517, 562, 563. RAILROAD CARRIERS, liability of, 515. express carriers on road, 516. liability of road for losses by 603. duty to receive on reasonable terms, 518-522, 553.

delivery required to charge, 523531.

actual delivery-parcels, 523, 526,
529.

honestly made, 530.
dangerous goods, 531.

ground of liability, 532-536, 548

551.

acts of God or superior force, 537. 533.

when no excuse, 539–543. exemptions by statute, 543.

SECTIONS.

RAILROAD CARRIERS, losses caused by

an armed force, 547.

effect of public notices, 554-559.
English statute of 1830, relating to
parcels, 554.

statute of 1854, railway and canal
traffic act, 556, 557.
U. S. statute, 558-560.

mere notice of no effect, 560, 569.
receipt for goods a contract, 561.
special contracts, how far valid,
561-568, 569.

cannot stipulate, so as to relieve
company from its own negli-
gence, 556.

receiving to carry on uniform rates,
567, 563.

baggage-delivery of to carrier,
570-576.

checking of, 571, 572–576.
checking through, 572-574.
amount and weight of baggage,
575.

through lines, 577-579.

liability of connecting roads, 580-

582.

through contracts, 583.

receipt same as bill of lading, 584,
590.

exemptions under, 585-589.

answerable for cars, engines, road,
bridges, 601-604.

special duties assumed,607.
must carry with diligence, 608, 609.
damages by delay, 610, 611.
right of recovery by carrier, 614.
RAILROAD CARRIERS OF PASSENGERS,
character how assumed, result-
ing duty, 638.

must carry all orderly persons, 638–
690.

must preserve good order, 691-694.
right to enforce ticket system, 692-
694.

ejecting passenger for want of
ticket, 694.

starting on time, room, seats, &c.,
695, 715.

special accommodations, 695.
bound for safety of depots, plat-
forms, approaches, 696.
regulating business, 697.
who are passengers, 697, 698.
payment of fare, 699-701.
contract to carry, 702-706.
connections, 702.

through contracts, 703.
lex loci, 704.

exemptions from liability, 703.
where there is no contract, 706.
general liability of, 707-709.

for safety of cars, engines, &c., 710,
711.

must respect right of stoppage in
transitu, 630-632.

on payment of freight, 633.
hire or reward, 634-644.
lien therefor, 645-654.
actions against, 655-664.
parties to the action, 655-667.
burden of proof in, 668–672.
damages recoverable in, 673–677.
carriage of live stock, 678-987.
goods to be carried through in the
same car, 637.

not liable for money not delivered,
687.

goods taken from by legal process,
637.

claim, when to be made, 687.
RAILWAY AND CANAL COMPANIES, En-

glish statuto relating to, 519,520.
terms and construction of, 556, 557.
RECOUPMENT, of damages, 257, 268.
allowed in favor of pledgee, 257,
258, 267.

of expenses and costs, 299.
REASONABLE TIME, where goods are
delivered on trial, 85, 124.

to be returned or paid for, 349, 387.
for delivery by carrier, 619-628.
of notice of sale by pledgee, 286.
RECEIPTOR, receiving goods from sher-
iff, liability of, 28-32, 35.
may permit use of property when
and how far, 32.
right of action by, 34.

injury or loss after demand, 152, 348.

for unauthorized sale of pledge, 257,258.

for property after wrongful sale, 267, 268.

for sale of chose in action by pledgee, 293.

of proceeds of pledge, 299-301, 306. of pledge for usurious debt, 308,227. loss during unlawful detention, 311. depends upon right of property, 312-315.

change of title by, 111, 174. in equity suits, 313-320. under a hiring, 371, 372. recovery of hire, 375.

by a bailec, 386.

under a joint bailment, 333.

for acts of servants, 389-398.

under special bailments, 415–419. enforcing lien, 420-425. of wages, &c., 436-442. on fulfilling contract, 447. lien on property, 448, 449. against telegraph company, 494. REDELIVERY, duty of the mandatary, 51-58.

various remedies for refusal, 59-73. REDEMPTION, right of under pledge, 313-315, 316.

when right of action accrues, 321, 322.

effect of a bar on the debt, 323. mortgagor's right of, 181, 313, note, 701. BEMEDIES, against a depositary, 36– 42, 54-62.

against mandataries, 96-105.
under gratuitous loans, 146-159,
169-175.

under a chattel mortgage, 178-186.
by sale or foreclosure of pledges,
279-297.

to enforce rights of parties, 312-
324.

to enforce lien of bailee for hire,
331, 350, 364-368, 420-424.
under a hire of things, 369-389.
for the fault or neglect of servants,
339-398.

1

for failure to return things hired, 399-409.

for losses and expenses, 385, 386, 425.

against an innkeeper, 479.

to enforce innkeeper's lien, 476. lien of boarding-house keeper, 477. to enforce duties of postmaster, 483, 484.

SECTIONS.

REMEDIES, duties of officers, 485.
to enforce duties of telegraph com.
panies, 486-494.

against common carriers, 655-664.
parties to action, 635-667.
evidence in, 663-672.
recovery in, 673-677.

on contracts to carry live stock,
678-687.

against carriers of passengers, 688-
698.

respecting fare, 699–701.
the contract, 702-703.

their general liability, 707-723.
law of the road, 724-728.

their duties by the way, 729-731.
against passenger carriers by wa-
ter, 732-750.

at common law, 736.

in admiralty, 745.

as affected by statute, 738–749. RENT, of chattels, 369-372.

recoverablo on lease though build. ings burned, 370, 271, 409.

hire not recoverable after the things hired are destroyed, 375, 409.

RESHIPPING, right given carrier by contract, 600.

effect of stipulation, 600. RESPONSIBILITY, of gratuitous bailees, 4-7, 43-51, 78-83.

of bailees for hire, 4-7, 234, 327-329,
333, 384.

of borrowers, 4-7, 135-137.
of innkeepers, 4-7, 462-456.
of common carriers, 532-536.
of special carriers, 480, 517.
of telegraphic companies, 486-494.
of sheriffs and receiptors, 25-35.
of public officers, 41, 483-485.
of workmen, mechanics, &c., 426-
432.

RESTITUTION, bailee's duty in making, 54, 57, 160-173.

of pledges, duty of, 293-311. RESTORATION, duty to make, 54, 57, 62. after conversion, 60, 61, 407. by mandatary, 93.

under joint bailment, 388. by baileo for hire, 405-409. RETAINER, services by attorney or coun sel under, 430.

by other persons, 426.
quantum meruit, 426.

RETURN, of goods by bailce, when and where made, 54-62.

by mandatary, 93–105.
by borrower, 160-169.
by birer, 400, 401, 405-409.

REVENUE OFFICERS, seizures by, 613. carriers must answer for, 613. acts of government, 603.

114, 116, 117, 84.

of license, 123.

of gratuitous loan, 134, 170.

by loss of title, 409.

REWARD, hire, effect of, 85, 137 a.

RIGHT OF ACCESSION, by owner, 163,
300, 403.

to real estate, 403.
insurance, 425.
ROAD, law of, 724-728.

ROAD, BRIDGES, TRACK, railway com-
panies liable for safety of, 602.
ROADWORTHY COACHES, CARS, VES-
SELS, carrier's duty to furnish,
601.
ROBBERY, losses by, 43-45, 147-149, 171,
172, 416.

when bailees liable for, 43-50.
thefts from pledgee, 234-237.
ROUTE, agreed upon, effect of agree-
ment, 600.

deviations from, 539, 540.

SALARIES, may not be anticipated, 203.
SALE, contracts operating as sales,
411-413.

affected by fraud, 254-258, 307.
delivery to pass title, 411-416, 590,
635, 655.

under statute of frauds, 411-413,
590, 636, 635.

of things pledged in foreclosure,

279-297.

when ineffectual, 291, 292, 324.
under chattel mortgage, 182, 184.
of pledge, when enforced, 272–274,
296, 302, 310.

distinction between sale and bail-
ment, 413-419.

goods delivered on trial, 85, 124.
loaned to be returned in kind, 120,
121, 370.

sales on a condition, 183.

delivery of goods to be returned or
paid for, 319, 387.

order for goods to be made, 411-
413.

made on shares, 416-418, 447.
of goods in bailee's hands, 347.
SALE OR RETURN, effect of, 85.
SALVAGE, when allowed and for what
services, 23.

sheriff's compensation, 22.

SEALED PACKAGES, how kept or carried,

398.

ute, 558, 559.

when charterer deemed owner, 558,
559.

under charter-party, 595, 653.
must obey laws of sea, 732-735, 542.
SHIPWRECK, when a loss by perils of
sea, note, 587.

when plundered, note, 587.
jettison, to prevent, 587.

SKILL, required by one's employment,
77, 426-432.

of common carrier, 602, C03.
of bailee for services, 444, 445.
SKILLED WORKMEN, their duties, 427–
432.

physicians, 427, 428.

engineers, architects, &c., 429.
attorneys and counsellors, 430, 431.
clergymen, ministers, &c., 432.
bailees in their calling, 444-446.
personal services, 433-441.
SLAVES, hire of, 403.

keep and care of, note, 403.
death of, note, 375.
increase from, 403.

from all property, 300.

SPECIAL CONTRACTS, of deposit in bank,

45.

by depositary to keep safely, 48,83.
a joint deposit, 56.

by a servant or agent, 70.

of mandate, 74.

carrying money, 81.

bailee's personal character, 83.