borrower

He to whom a thing l8 lent at his request. As used in usury laws, it includes any person who is a party to the original con- Y.) 329; 7 Hill (N. Y.) 391; 75 N. Y. 516, 523, 31 Am. Rep. 484, reversing 10 Hun, 468. In general, he has the right to use the thing borrowed, himself, during the time and for the purpose intended between the parties. He is bound to take extraordinary care of the thing borrowed; to use it according to the intention of the lender; to restore it in proper condition at the proper time. See "Bailment;" Story, Bailm. § 268; 2 Kent, Comm. 446-449; 1 Bouv. Inst. 1078- 1090.

He to whom a thing is lent at his request. In general he has the right to use the thing borrowed, himself, during the time and for the purpose intended between the parties. He is bound to take extraordinary care of the thing borrowed; to use it according to the intention of the lender; to restore it in proper condition at the proper time; Story, Bailm. § 268; Edw. Bailm. 135; 2 Kent 446. See Bailment.

One te whom money or other property is loaned at his request.

Contracts. Is he to whom a thing is lent at his request. The contract of loan confers rights and imposes duties on the borrower. In general, he has the right to use the thing borrowed, during the time and for the purpose intended between the parties; the right of using the thing bailed, is strictly confined to the use, expressed or implied, in the particular transaction, and by any excess, the borrower will make himself responsible. Jones's Bailment, 68; 5 Mass. R. 104; Cro. Jac. 244; 2 Ld. Raym. 909; Ayl. Pand. B. 4, t. 16, p. 517; Domat, B. 1, t. 5, § 2, n. 10, 11, 12; Dig. 13, 6, 18; Poth. Pret a Usage, ch. 2, § 1, n. 22; 2 Bulst. 306; Ersk. Pr. Laws of Scotl. B. 3, t. 1, § 9; 1 Const. Rep. So. Car. 121; Bracton, lib. 3, ch. 2, § 1, p. 99. The loan is considered strictly personal, unless from other circumstances a different intention may be presumed. The borrower is bound to take extraordinary care of the thing borrowed; to use it according to the intention of the lender; to restore it in proper time; to restore it in a proper condition. Of these in their order. 1. The loan being gratuitous, the borrower is bound to extraordinary diligence, and is responsible for slight neglect in relation to the thing loaned. 2 Ld. Raym. 909, 916; Jones on Bailm. 65; 1 Dane's Abr. ch. 17, art. 12; Dig. 44, 7, 1, 4; Poth. Pret a Usage, ch. 2, § 2, art. 21, n. 48. 2. The use is to be according to the condition of the loan; if there is any excess in the nature, time, manner, or quantity of the use, beyond what may be inferred to be within the intention of the parties, the borrower will be responsible, not only for any damages occasioned by the excess, but even for losses by accidents, which could not be foreseen or guarded against. 2 Ld. Raym. 909; Jones on Bailm. 68, 69. 3. The borrower is bound to make a return of the thing loaned, at the time, in the place, and in the manner contemplated by the contract. Domat, Liv. 1, t. 5, § 1, n. 11; Dig. 13, 6, 5, 17. If the borrower does not return the thing at the proper time, he is deemed to be in default, and is generally responsible for all injuries, even for accidents. Jones on Bailm. 70; Pothier, Pret a Usage, ch. 2, § 2, art. 2, n. 60; Civil Code of Louis. art. 2870; Code Civil, art. 1881; Ersk. Inst. B. 3, t. 1, § 22; Ersk. Pr. Laws of Scotl. B. 3, t. 1, § 9. 4. As to the condition in which the thing is to be restored. The borrower not being liable for any loss or deterioration of the thing, unless caused by his own neglect of duty, it follows, that it is sufficient if he returns it in the proper manner and at the proper time, however much it may be deteriorated. Story on Bailm. ch. 4, § 268. See generally Story on Bailm. ch. 4; Poth. Pret a Usage; 2 Kent, Com. 446-449; Vin. Abr. Bailment, B 6; Bac. Abr. Bailment; Civil Code of Louis, art. 2869-2876.