Bailee

One to whom goods are bailed; the party to whom personal property is delivered under a contract of bailment His duties are to act in good faith, and perform his undertaking, in respect to the property intrusted to him, with the dillf and care required by the nature of his engagement. When the bailee alone receives benefit from the bailment, as where he borrows goods or chattels for use, he is bound to exercise extraordinary care and diligence in preserving them from loss or injury; Bennett v. O'Brien, 37 111. 250; Ross v. Clark. 27 Mo. 549; but he is not an insurer; 9 C. & P. 383. When the bailment is mutually beneficial, as where chattels are hired or pledged to secure a debt, the bailee is bound to exercise ordinary care in preserving the propertj; Petty v. Overall, -12 Ala. 14."., 94 Am. Dec. 634; Dearbourn v. Bank, 58 Mo. L'T."; Erie Bank v. Smith..°.

Brewst (Pa.) 9; St. I v. Davidson, •', CaL 643.

When the bailee receives no benefit the bailment, as where he accepts chattels or money to keep without recompensi undertakes gratuitously the performance of some commission in regard t<> them, he is answerable only for the use of the ordinary care which he bestows upon his own property of a similar nature: Edw. I'ailm. 5 43. it has been held that such a bailee would be liable only for u-mss neglcd or fraud; Mc- Kay v. Hamblin, 40 Miss. 172; Gulledge v. Howard.

L'". Ark. 61; Edson v. Weston, 7 v. Mc Grath, 154 Pa. 296, 26 Atl. 377, 35 Am. St Rep. 828.

The case must have relation to the nature of the property bailed; Jenkins v. Motlow, 1 Sneed (Teuu.) 248, 60 Am. Dec. 154. These differing degrees of negligence have been doubted. See Bailment. The bailee is bound to redeliver or return the property, according to the nature of his engagement, as soon as the purpose for which it was bailed shall have been accomplished. Nothing will excuse the bailee from delivery to his bailor, except by showing that the property was taken from him by law, or by one having a paramount title, or that the bailor's title had terminated; Bliven v. R. Co., 36 X. Y. 403; Burton v. Wilkinson, 18 Vt. ISO, 46 Am. Dec. 145; Bliven v. R. Co., 35 Barb. (N. Y.) 191. lie cannot dispute his bailor's title; Edw. Bailm. § 73; Dougherty v. Chapman, 29 Mo. App. 233; nor can he convey title as against the bailor, although the purchaser believes him to be the true owner; Hendricks v. Evans, 46 Mo. App. 313. The bailee has a special property in the goods or chattels intrusted to him, sufficient to enable him to defend them by suit against all persons but the rightful owner. _ The depositary and mandatary acting gratuitously, and the finder of lost property, have this right; Edw. Bailm. § 245; Garlick v. James, 12 Johns. (X. Y.) 147, 7 Am. Dec. 294. A bailee with a mere naked authority, having a right to remuneration for his trouble, but coupled with no other interest, may support trespass for any injury amounting to a trespass done while he was in the actual possession of the thing; Edw. Bailm. 37; Faulkner v. Brown, 13 Wend. (X. Y.) 63; Moran v. Packet Co., 35 Me. 55. A bailee may recover in trover for goods wrongfully converted by a third person; Mc Graw v. Patterson, 47 111.

App. 87.

A bailee for work, labor, and services, such as a mechanic or artisan who receives chattels or materials to be repaired or manufactured, has a lien upon the property for his services; 2 Pars. Contr. 145, 146; 3 id.

270-273; Wheeler v. Mc Farland, 10 Wend. (X. Y.) 318.

Other bailees, innkeepers, common carriers, and warehousemen, also, have a lien for their charges. The responsibilities of a bailee cannot be thrust upon one without his knowledge and against his consent; they must be voluntarily assumed by him or his agents; First Xat. Bank of Lyons v. Bank, 60 X. Y. 278, 19 Am. Rep. 181; Story, Bailm. 60.

— A constructive acceptance is sufficient; Rodgers v. Stophel, 32 Pa. Ill, 12 Am. Dec. 775; as where one comes into possession by mistake; 1 Str. 505 Morris v. R. Co., 1 Dal.\\(X. Y.) 202;

or fortuitously; Preston v. Xeale, 12 Gray (Mass.) 222, citing Story, Bailm. § 44 a;

— or where it to a person as bailee, with specific directions as to its disposal, he may refuse to accept; Kansas Elevator Co. v. Harris, 6 Kan. App. 89, 49 Pac. 674; since a person has the same right to decline becoming a bailee as he has to decline becoming a purchaser; King v. Richards, 6 Whart. (Pa.) 418, 37 Am. Dec. 420; but innkeepers, common carriers, wharfingers or warehousemen, as persons exercising a public employment, are not within this rule.

See those titles. See also Schouler, Bailm.; Coggs v. Bernard, Sm. Lead. Cas.; Bailment.