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All deeds of gift, and all transfers or assignments of goods or things in action, made in trust for the use of the person making the same, are void, as against creditors, existing or subsequent. No agreement that, by its terms, is not to be performed within one year from the making thereof; no special promise to answer for the debt, default, or miscarriage of another person; nor an agreement or promise upon consideration of marriage, except mutual promises to marry, shall be valid, unless such agreement, note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party 10 be charged. Contracts for the sale of goods for the price of fifty dollars or more, are void, unless they be in wri. ting; or, unless the buyer receive a part of the goods or evidences, or pay, at the time, a part of the purchase money. And every sale or assignment of goods, by way of security, unless an actual delivery be made, and possession changed, is presumed to be fraudulent and void, as against the creditors of the vendor or assignor, or against subsequent purchasers in good faith, unless the persons claiming under the sale or assignment, make it appear that the same was made in good faith. And no assignment of goods and chattels, as security for any debt, is valid, as against the creditors of the assignor, or purchasers in good faith, unless such assignment be under seal, and filed in the office of the town clerk of the town in which the assignor resides; or, in the county clerk's office, if there be one in the town. And such assignment must be renewed at the expiration of one year from the date thereof, and from the date of each renewal.
What agreements are void? How are contracts for the sale and osignment of goods rendered valid? Where must assignments be
Of the Right of Property—continued.
Bailment is a delivery of goods in trust, upon agres: ment that the trust shall be executed, and the goods restored by the bailee, when the purpose of the bailment shall have been answered. If a person receives goods to be kept for the bailor, and to be returned on demand, without recompense, he is to keep them with reasonable care; and, unless there be a special undertaking to the contrary, he is responsible only for gross neglect, or for a violation of good faith. Gross neglect is a want of that care which every man of common sense takes of his own property. If a person undertakes, without recompense, to do some act for another in respect to the thing bailed; for instance: if he undertakes to carry an article from one place to another, he is responsible only for gross neglect, or a breach of faith. Whether a mandatary renders himself liable for a non-performance of a gratuitous undertaking, is a question on which writers on common law differ in some degree. But perhaps the prevailing opinion among us is, that a mandatary, or one who undertakes to do an act for another without reward, is not answerable for omitting to do the act, but is responsible only when he attempts to co it, and does it amiss. In other words, he is responsible for misfeasance, but not for nonfeasance, even though special damages be averred. If a person loan to another for use without reward, any article, as a horse, carriage, or book, and the article be lost or destroyed, without
Aed? Whai is meant by boilmoped? In whai cases w ubileu iis ble for damage? How is a borrower made liable? What is iho
biame or neglect imputable to the borrower, the owner must abide the loss. But the borrower must apply the thing to the use for which it was borrowed; and he must not keep it beyond the time limited; nor perrit another person to use it. If property be pledged as security for some debt or engagement, the pawnee is bound to take ordinary care, and is answerable only for ordinary neglect; and if the goods should then happen'to be lost, he may, notwithstanding, resort to the pawnor for his debt. If he derives any profit from the use of the proparty, he must apply the profits, after deducting necessary expenses, towards the debt. There is another species of bailment, the hiring of property for a reward. The hirer is bound to use the article with due care and moderation, and not to apply it to any other use, or detain it for a longer period than that for which it was hired. If the article be injured or destroyed without any fault on the part of the hirer, the loss falls on the owner, for the risk is with him. In cases where work or care is bestowed on the thing delivered, for a recompense, the workman for hire must answer for ordinary neglect of the goods bailed, and apply a degree of skill equal to the undertaking; for every man is presumed to possess the skill requisite to the due exercise of the art or trade he assumes. If he performs the work unskilfully he is responsible in damages. As, if a tailor receives cloth to be made into a coat, he is bound to perform it in a workmanlike manner. Forwarding merchants are responsible for want of good faith, and of reasonable care and ordinary diligence, and not to any greater extent, unless the business and duty of carriers be attached to their other character. But with regard to
law in relation to property pledged or pawned? In relation of property hired for a reward? What in relation to articles on which sabor is to be bestowed? With regard to innkeepers? Forwarding
merchants? How do carriers become responsible? In what cases
innkeepers, the rule is more strict. In general, they are
A person who carries goods for hire, in a particular
Principal and Agent. Agency is founded upon a con-
kind, will bind his principal, so long as he keeps within the general scope of his authority, though he may act contrary to his private instructions. But an agent, constituted for a particular purpose, and under a limited power, cannot bind his principal if he exceeds his power. The special authority must be strictly pursued; and whosoever deals with an agent constituted for a special purpose, deals at his peril, when the agent passes the limits of his power. If a person intrusts his watch to a watch maker to be repaired, and the watch maker sells the watch, the owner would not be bound by the sale. But a factor or merchant who buys and sells upon commission, or as agent for others, may sell on credit, and the principal must abide by the bargain, and the agent incurs no risk. There are some cases in which a factor sells on credit on his own risk; as when he acts for an additional premium ; and the principal may call on him without first looking to the vendee. A factor cannot pledge the goods of his principal as security for his own debt. If an agent would excuse himself from responsibility, he must show that he disclosed his principal when he made the contract, and that he acted on his behalf, so as to enable the party with whom he deals, to have recourse to the principal, in caso the agent had authority to bind him. And if the agent even buys in his own name, but for the principal, and without disclosing his name, the principal is bound, as well as the agent, provided the goods come to his use. An agent, ordinarily, has no right, without express authority, to employ a sub-agent to do his business, without the knowledge or consent of his principal.
An agent has a right to retain possession of property until his demand be satisfied. This right is called a lien. A general lien is the right to retain property for a general
agenti When does a factor sell on his own risk? What is a lien? A