| Joseph Story - Bailments - 1832 - 460 pages
...accustomed to do the same, he will be justified in so doing.4 §413. As to the use of the thing hired. There is, on the part of the hirer, an implied obligation,...to use the thing with due care and moderation, but not to apply it to any other use than that, for which it is hired. Thus, if a horse is hired as a saddle... | |
| Joseph Story - Bailments - 1840 - 686 pages
...road in consequence, he will not be responsible therefor.1 § 413. As to the use of the thing hired. There is, on the part of the hirer, an implied obligation,...apply it to any other use than that, for which it is hired.2 Thus, if a horse is hired as a saddle horse, the hirer has no right to use the horse in a cart,... | |
| John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...Pothier, Louage, n. 1 ; Domat, B. 1, tit. 4, § 1, n. 2 ; Jones's Bailm. 70 ; see this Diet. Letter. There is, on the part of the hirer, an implied obligation,...to use the thing with due care and moderation, but not to apply it to any other use than that for which it is hired ; for example, if a horse is hired... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1849 - 706 pages
...conclusive evidence of misconduct. There is, on the part of the hirer, as has been already intimated, an implied obligation not only to use the thing with...to apply it to any other use than that for which it was hired. Thus, if a horse is hired ^ as a saddle horse, the hirer has no right to use the horse in... | |
| South Carolina. Court of Appeals, James Albert Strobhart - Law reports, digests, etc - 1849 - 672 pages
...n dangerous or not ? Whereas the law is as follows : " As to Lomas. the use of the thing hired — there is on the part of the hirer, an implied obligation...to use the thing with due care and moderation, but not to apply it to any other use than that for which it is hired. Thus, if a horse is hired as a saddle... | |
| Georgia. Supreme Court - Equity - 1849 - 714 pages
...defendant in his hands, is subject to be garnisheed. Tucker TS. Butts ct al 580 See Appeal, 1. BAILMENT. 1. There is, on the part of the hirer, an implied obligation not only to use the thing hired with due care and moderation, but also not to apply it to any other use, or detain it beyond... | |
| Isaac Edwards - Bailments - 1855 - 708 pages
...loss afterwards occurs, although by inevitable casualty, he will generally be responsible therefor. There is on the part of the hirer, an implied obligation, not only to use the thing hired with due care and moderation, but also, not to apply it to any other use, nor detain it beyond... | |
| Calvin Townsend - Commercial law - 1871 - 620 pages
...with the horse, he is liable for all the injury occasioned thereby. l 7. Use of tlie Tiling Hired. — There is, on the part of the hirer, an implied obligation, not only to use the thing with due care and moderation,2 but also not to apply it to any other use than that for which it is hired.3 Thus, if a... | |
| California - Civil law - 1872 - 728 pages
...have hap- ^ngful pened though the property had not been thus used. NOTE. — An obligation is implied, "not only to use the thing with due care and moderation,...to any other use than that for which it is hired." — Story on Bailm., Sec. 413; Pothier Centrat de Louage, n. 189; Pothier Pand., Lib. 19, Tit. 2, n.... | |
| William Wait - Actions and defenses - 1878 - 1000 pages
...Gray,, 234. The hirer is in no sense an insurer of the thing hired. Id. There is, however, on his part, an implied obligation not only to use the thing with...to apply it to any other use than that for which it was hired. See ante, 614, §§ 1 and 2. Thus, if a horse is hired as a saddle horse, the hirer has... | |
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