BAILMENT

A delivery of goods or personal property, by one person to another, Jn trust for the execution of a special object upon cir in relation to such goo~ beneficial either to the bailor or bailee or both, and upon a contract, expre or implied, to perform the trust an!J carry out such object, and thereupon either to redeliver the goods to the bailor or otherwise dispose of the same ln con(ormity with the purpose of the trust. Watson v. State, 70 Ala. 13, 45 Am. Iwp. 70; Com. v. Maher, 11 Phil~. (Pa.) 425; Mccaffrey v. Knapp, 74 Ill. App. 80; Krause i. Com., 93 Pa. 418, 39 Am. Rep. 762; Fulcher. v. State, 32 Tex. Cr. R. 621, 25 S. W. b-:!5. See Code Ga. 1882, § 2058. A delivery of goods in trust upon a contract, expre ed or implied, that the trust shall be faithfully executed on the part of the bailee. 2 BI. Comm. 455. Bailment, from the French bai"ller, to deliver, is a delivery of goods for some purpose, upon a contract, expre or implied, that, after the purpose has been fulfilled; they shall be redelivered to the bailor, or otherwise dealt with, according to his directions, or (as the case may be) kept till he reclaims them. 2 Steph. Comm. 80. A delivery, of· goods in trust upon a contract, expre ed or implied, that the trust shall be duly executed, and the goods restored by the -bailee as soon as the purposes of the bailment shall be answered. 2 Kent, Comm. 559. Bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, expre or implied, to· conform to the object or purpose of the trust. Story, Bailm. 3., A delivery of goods in trust on a contract, either expre ed or implied, that the trust shall be duly executed, and the goods redelivered as soon as the time or use for which they 1\'ere bailed shall have elapsed or be performed. Jones, Bailm. 117. Bailment is a word of French origin, significant of the curtailed transfer, the delivery or mere handing over, which is a_ppropriate to the transaction. Schouler, Pers. Prop. 695. · The test of a bailment is that the identical thing is to be returned; if another thing of equal value is to be returned, the transaction is a ·sale. Marsh v. Titus, 6 Thomp. & C. (N. Y.) 29; Sturm v. 'Boker,,150 U. S. 312, 14 Sup. Ct. 99, 37 L. Ed. 1093. Ola■siBcation, Sir William Jones baa divided bailments into five sorts, namely: Depositum, or deposit; man.datum, or commi ion without r~oip.p~se; commo datum, or loan tor use without pay·; pignon acceptum, or. pawn; Zooot~m,. or hil'lnt, which ls · always with ·reward. This last· la subdivld• [s. 120]