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eBook details

• Title: Turton v. Dufief
• Author : United States Supreme Court
• Release Date : January 01, 1867
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Messrs. Brent and Phillips, citing Coggs v. Bernard,1 * contended that the bailee having entered upon the performance of his contract, had become liable for its discharge with diligence and correctness; that the contract here had been attended to with gross negligence; the recording of the papers having been obviously and indispensably essential to any 'good and sufficient security' for the money lent. Mr. Bradley, Senior, contra, citing 'The American Jurist,' vol. xvi, p. 254,2 ** as containing true views of the liability of gratuitous as distinguished from paid bailees, contended, first, that there was no such consideration set forth in the declaration here as made a 'contract;' the act having been wholly for the ease and benefit of the bailor, and a mere burden to the bailee; that there was accordingly no 'contract' in legal sense in the case; that the defendant could be liable for nothing but fraud, of which there was none in the case; contending, secondly, that whatever engagement Dufief had entered into had been fully performed with due diligence, and as exactly as it was agreed to be.

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