bailment
n . 寄托,保释
寄托,保释
bailment n 1 :
the delivery of personal property in trust by the bailor to the bailee Bailment \
Bail "
ment \,
n .
1 . (
Law )
The action of bailing a person accused .
[
1913 Webster ]
Bailment . . .
is the saving or delivery of a man out of prison before he hath satisfied the law .
--
Dalton .
[
1913 Webster ]
2 . (
Law )
A delivery of goods or money by one person to another in trust ,
for some special purpose ,
upon a contract ,
expressed or implied ,
that the trust shall be faithfully executed . --
Blackstone .
[
1913 Webster ]
Note :
In a general sense it is sometimes used as comprehending all duties in respect to property .
--
Story .
[
1913 Webster ]
BAILMENT ,
contracts .
This word is derived from the French ,
bailler ,
to deliver .
2 Bl .
Com .
451 ;
Jones '
Bailm .
90 Story on Bailm .
c .
1 ,
Sec .
2 .
It is a compendious expression ,
to signify a contract resulting from delivery .
It has been defined to be a delivery of goods on a condition ,
express or implied ,
that they shall be restored by the bailee to the bailor ,
or according to his directions ,
as soon as the purposes for which they are bailed shall be answered .
1 Jones '
Bailm .
1 .
Or it is a delivery of goods in trust ,
on a contract either expressed or implied ,
that the trust shall be duly executed ,
and the goods redelivered ,
as soon as the time or use for which they were bailed shall have elapsed or be performed .
Jones '
Bailm .
117 .
2 .
Each of these definitions ,
says Judge Story ,
seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class .
Both these definitions suppose that the goods are to be restored or redelivered ;
but in a bailment for sale ,
as upon a consignment to a factor ,
no redelivery is contemplated between the parties .
In some cases ,
no use is contemplated by the bailee ,
in others ,
it is of the essence of the contract :
in some cases time is material to terminAte the contract ;
in others ,
time is necessary to give a new accessorial right .
Story ,
on Bailm .
c .
1 ,
Sec .
2 .
3 .
Mr .
Justice Blackstone has defined a bailment to be a delivery of goods in trust ,
upon contract ,
either expressed or implied ,
that the trust shall be faithfully executed on the part of the bailee .
2 Bl .
Com .
451 .
And in another place ,
as the delivery of goods to another person for a particular use .
2 Bl .
Com .
395 .
Vide Kent '
s Comm .
Lect .
40 ,
437 .
4 .
Mr .
Justice Story says ,
that a bailment is a delivery of a thing in trust for some special object or purpose ,
and upon a contract ,
express or implied ,
to conform to the object or purpose of the trust .
Story on Bailm .
c .
1 ,
Sec .
2 .
This corresponds very nearly with the definition of Merlin .
Vide Repertoire ,
mot Bail .
5 .
Bailments are divisible into three kinds :
1 .
Those in which the trust is for the benefit of the bailor ,
as deposits and mandates .
2 .
Those in which the trust is for the benefit of the bailee ,
as gratuitous loans for use .
3 .
Those in which the trust is for the benefit of both parties ,
as pledges or pawns ,
and hiring and letting to hire .
See Deposit ;
Hire ;
Loans ;
mandates and Pledges .
6 .
Sir William Jones has divided bailments into five sorts ,
namely :
1 .
Depositum ,
or deposit .
2 .
Mandatum ,
or commission without recompense .
3 .
Commodatum ,
or loan for use ,
without pay .
4 .
Pignori acceptum ,
or pawn .
5 .
Locatum ,
or hiring ,
which is always with reward .
This last is subdivided into ,
1 .
Locatio rei ,
or hiring ,
by which the hirer gains a temporary use of the thing .
2 .
Locatio operis faciendi ,
when something is to be done to the thing delivered .
3 .
Locatio operis mercium vehendarum ,
when the thing is merely to be carried from one place to another .
See these several words .
As to the obligations and duties of bailees in general ,
see Diligence ,
and Story on Bailm .
c .
1 ;
Chit .
on Cont .
141 ;
3 John .
R .
170 ;
17 Mass .
R .
479 ;
5 Day ,
15 ;
1 Conn .
Rep .
487 ;
10 Johns .
R .
1 ,
471 ;
12 Johns .
R .
144 ,
232 ;
11 Johns .
R .
107 ;
15 Johns .
R .
39 ;
2 John .
C .
R .
100 ;
2 Caines '
Cas .
189 ;
19 Johns .
R .
44 ;
14 John .
R .
175 ;
2 Halst .
108 ;
2 South .
738 ;
2 Harr . &
M '
Hen .
453 ;
1 Rand .
3 ;
2 Hawks ,
145 ;
1 Murphy ,
417 ;
1 Hayw .
14 ;
1 Rep .
Con .
Ct .
121 ,
186 ;
2 Rep .
Con .
Ct .
239 ;
1 Bay ,
101 ;
2 Nott &
M '
Cord ,
88 ,
489 ;
1 Browne ,
43 ,
176 ;
2 Binn .
72 ;
4 Binn .
127 ;
5 Binn .
457 ;
6 Binn .
129 ;
6 Serg .
&
Rawle ,
439 ;
8 Serg . &
Rawle ,
500 ,
533 ;
14 Serg . &
R .
275 ;
Bac .
Ab .
h .
t .;
1 Bouv .
Inst .
n .
978 -
1099 .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Chase Bank Locations in Manhattan Find local Chase Bank branch and ATM locations in Manhattan, New York with addresses, opening hours, phone numbers, directions, and more using our interactive map and up-to-date information
Find a Chase ATM or branch near you | Chase Bank Choose the checking account that works best for you See our Chase Total Checking® offer for new customers Make purchases with your debit card, and bank from almost anywhere by phone, tablet or computer and more than 14,000 ATMs and 5,000 branches
Chase Bank - New York, NY (143 Branch Locations) 143 Chase Bank Branch locations in New York, NY Find a Location near you View hours, phone numbers, reviews, routing numbers, and other info
Chase Bank Branches in New York City, NY The locations of Chase Bank offices in New York City are displayed on the map below For a complete list of all branches, including addresses, hours of operation, contact numbers, and routing information, please refer to the section below
JPMorgan Chase Bank New York Complete list of 581 JPMorgan Chase Bank New York locations with financial information, routing numbers, reviews and other informations Also ask questions and discuss related issues here
Chase Bank - 1 Chase Manhattan Plaza (New York, NY) The Chase Bank is located in New York with zip code of 10005 You will find the details for this branch with the hours of operation, phone numbers, address and driving directions
Chase Bank - Corporate Headquarters - New York, NY 10017 Get reviews, hours, directions, coupons and more for Chase Bank - Corporate Headquarters Search for other Financial Services on The Real Yellow Pages®
Chase Bank Corporate Office Headquarters | New York, NY Find information on Chase Bank headquarters such as corporate phone number, address, website, and consumer reviews
Chase Bank New York, NY - Branch Locator Hours Today, Chase Bank owns 109 branches near New York, New York See below for an entire list of Chase Bank branches close by
Chase Bank Locations Hours in New York, New York Find Chase Bank Locations, Hours Phone Numbers in New York, New York Bank Locations Chase × New York New York × Branch Only