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Sentences for "bailor "
If he has paid his bailor instead, he has paid one whom he was not bound to pay, and no general principle requires that this should be held to divest the plaintiff's right.
But as the remedies were all in the bailee's hands, it also followed that he was bound to hold his bailor harmless.
The next point in logical order would be the degree of responsibility to which the bailee was held as towards his bailor who intrusted him.
The bailor also obtained a right of action against the wrong-doer at a pretty early date.
/2/ It was to be expected that some action should be given to the bailor as soon as the law had got machinery which could be worked without help from the fresh pursuit and armed hands of the possessor and his friends.
To allow the bailor to sue, and to give him trespass, were pretty nearly the same thing before the action on the case was heard of.
Indeed, it is sometimes laid down generally, in reputable text-books, that a gratuitous bailment does not change the possession, but leaves it in the bailor; /4/ that a gratuitous bailee is quasi a servant of the bailor, and the possession of one is the possession of the other; and that it is for this reason that, although the bailee may sue on [174] his possession, the bailor has the same actions.
/1/ The reason usually given is, that a right of immediate possession is sufficient,-a reason which the notion that the bailor is actually possessed.
The bailor has the power and intent to exclude the bailee from the goods, and therefore may be said to be in possession of them as against the bailee.
As the bailee recovered the whole value of the goods, the old reason, that he was answerable over, has in some cases become a new rule, (seemingly based on a misunderstanding,) that the bailee is a trustee for the bailor as to the excess over his own damage.
172/4 In one instance, where, against the opinion of Brian, the bailor was allowed to sue for damage to the chattel by a stranger, the action seems to have been case.
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