action involving life, health, or reputation belongs to this class. So, a right of action founded upon a breach of promise of marriage, being in its nature a personal injury, cannot be assigned. When the injury affects the estate, rather than the person, where the action is for damages to the estate, and not for personal suffering, the right of action may be bought and sold. Such a right of action would pass to the executor, in case of the death of the party injured.

3. The right of action for a personal injury received by collision of cars on a railway, is not assignable. A valid policy of insurance upon one's own life, is assignable. An executor or administrator cannot maintain an action upon an express or implied promise to the deceased, where the damage consists entirely of personal suffering of the deceased, whether mental or corporeal. A servant bound by indenture cannot be assigned to another master, without his consent. The right of dower in a wife, contingent on her surviving her husband, cannot be assigned. The mere right to file a bill in equity for a fraud, cannot be assigned.

4. Assignments of a chose in action may be written or oral. A delivery for a valuable consideration, without writing, is a sufficient assignment. The assignee of a right of action is not bound to show that he gave a valuable consideration for the assignment. The owner may give it away, if he choose, and the donee will have as

right of action dies? What actions belong to this class? If the right of action be founded upon a breach of promise of marriage? When the injury affects the estate, rather than the person? Would such a right of action pass to an executor?

3. If the right of action be for personal injuries received by collision of cars on a railroad? If the right of action arise from a valid policy of insurance on the life of a person? If a promise to pay be founded on personal suffering, and the payee die, can his executors or administrators recover on such promise? Can the services of a servant or apprentice, bound by indenture, be assigned without the consent of the servant or apprentice? Can a married woman assign her dower contingent upon the death of the husband? Can the right to file a bill in equity for a fraud be assigned?

4. How may assignments of choses in action be made? If delivered

good a right thereto as if he had paid value therefor. Proof of a valuable consideration is only necessary when the rights of third parties are affected by such assign

ment.

5. The assignce of a chose in action takes it subject to all the offsets and equitable defences existing between the original parties. The action by the assignee is without prejudice to any set-offs or other defences existing at the time of, or before notice of, the assignmeut. A set-off is a claim due to the defendant from the plaintiff, which defendant claims to have allowed, for the purpose of liquidating a part or the whole of plaintiff's claim. Notice of the assignment must be given to the debtor. The equities must exist at the time of notice. The set-off must be a claim already due at the time of notice. If an account is assigned, and the debtor hold a promissory note of the assignor not already due at the time of the assignment and notice, the debtor cannot set off such note against the account in an action against him by the assignee.

6. The admissions and declarations of an assignor of a chose in action, made while he is the holder, and before assignment, are evidence against his assignee, and all claiming under him. Admissions made after the assignment are not evidence against the assignee.

without writing? Can the owner give away a chose in action? When only is proof of payment of a valuable consideration necessary?

5. Subject to what does the assignee take the chose in action? The action of the assignee is without prejudice to what? What is a set-off? To whom must notice of the assignment be given? When must the equities exist? Must the set-off be already due? If an account be assigned, and the debtor hold a note of the assignor not already due, can the debtor set-off such note?

6. If the assignor made admissions while he was the holder, and be fore assignment? If made after the assignment?

CHAPTER LXX.

THE LAW OF BAILMENT.

1. BAILMENT is the delivery of property by one person to another person, in trust for some special purpose. There is a contract, express or implied, to conform to the purposes of the trust. The person delivering the property, is the bailor. The person to whom the property is delivered, is the bailee. Bailment is usually divided into five classes. The first class of bailment is the simple delivery of goods by the bailor to the bailee, to be kept by the bailee, and returned to the bailor without recompense. If the bailor deposit or leave in the care of the bailee his watch or his money, for safe-keeping, to be kept by the bailee without reward, and to be returned to the bailor when called for, such transaction would come under this class. It is generally designated in our law-books by the Latin word depositum-translated, deposit.

2. The second class of bailment is where the bailor delivers goods to the bailee, and the bailee, without reward, undertakes to carry them, or to do some other act with them. This class does not differ materially from the first class. The duties and liabilities arising out of both are nearly the same. This class is distinguished in our lawbooks by the Latin word mandatum-translated, a commission without reward. The third class of bailment is

1. What is bailment? What is the purport of the contract of bailment? What is the person delivering the property called? The person to whom the property is delivered? Into how many classes is bailment divided? What is the first class? If a bailor leave with the bailee his watch or his money for safe-keeping, to be kept by the bailee without reward? By what term is it generally designated in our lawbooks?

2. What is the second class of bailment? Does this class differ ma terially from the first class? What are the same in both? By what

where the bailor delivers property to the bailee, to be used by the bailee, without charge, for a certain time, and then returned to the bailor; as when the bailor loans his. horse and carriage to the bailee, to go to a certain place and return, without paying any thing for the use thereof. This class of bailment is called commodatum, an accommodation.

3. The fourth class of bailment is where the bailor delivers property to the bailee in pledge for the payment of a debt, in the nature of a collateral security. This class of bailment is called pignori acceptum-translated, received in pledge. The fifth class of bailment is where the bailor delivers property to the bailee for some special purpose or service, for which a reward is to be paid by the bailor or by the bailee. If the bailor let his horse and carriage to the bailee, to go a certain journey, the bailee pays a reward for the use of the horse and carriage. If the bailor deliver goods to the bailec, to be stored by the bailee, the bailor pays a reward for the storage. If the bailor deliver cloth to a bailee, who is a tailor, to have some labor and services performed upon the cloth, the bailor pays a reward for such labor and services rendered. If the bailor deliver goods to the bailee for transportation from one place to another, the bailor pays to the bailee a reward for such services, including the insurance of such goods against accident until they arrive at their place of destination.

4. The degree of care and diligence on the part of the bailee in conforming to the objects of the trust, is materially varied by the consideration received. Care and dili

term designated? What is the third class of bailment? Give an example. What is this class of bailment called?

If

3. What is the fourth class of bailment? What is this class of bailment called? What is the fifth class of bailment? If the bailor let his horse and carriage to the bailee, to go a certain journey? the bailor deliver goods to the bailee to be stored? If the bailor deliver to the bailee cloth, to have some labor or service performed upon the same? If the bailor deliver goods to the bailee for transporta

tion?

4. By what is the degree of care and diligence, on the part of the

gence is ordinary or extraordinary. Negligence is slight or gross.

Ordinary care and diligence is that which every person of common prudence, and capable of governing a family, exercises in his own affairs.

Extraordinary care and diligence is that which the most circumspect and thoughtful persons use in securing their own goods and chattels.

Slight negligence is the want of extraordinary diligence. Gross negligence is the want of ordinary diligence.

The question whether the bailee has exercised due diligence, or is guilty of negligence, is always a question to be decided by the jury on the evidence produced before them. In the first two classes of bailment the bailor receives all the benefit, and the bailee receives no reward, but the bailee is required to use ordinary care and diligence in performing the services he undertakes. If he does not, he is guilty of gross negligence, and liable for any loss sustained. The bailee is not bound by any agreement to undertake such trust as comes within the first and second classes of bailment, at a future time; but if he receives the goods into his custody, he assumes the responsibility of executing the trust according to the terms of his agreement.

5. In the third class of bailment, the bailee receives all the benefit, and the bailor receives no reward for the use of his property. In this case the bailee is required to exercise extraordinary care and diligence, and he is respon

bailee, to be varied? What two classes of care? What two classes of negligence? What is ordinary care and diligence? What is extraordinary care and diligence? What is slight negligence? What is gross negligence? By whom is the question, whether the bailee has exercised due diligence, to be decided? On what? In the first two classes of bailment, who receives the benefit? What degree of care and diligence must the bailee, in this case, use? If he does not, of what is he guilty? For what is he liable? Is the bailee bound by an agreement to undertake such trust at a future time? If he receives the goods into his custody, what does he assume?

5. Who receives the benefit in the third class of bailment? Does the bailor receive any reward? What class of diligence is the bailee, in this case, required to exercise? For what is he responsible? If he use the