So Rollo went to his desk, and soon came back, bringing his little
wallet. He unfastened its steel clasp, and opened the wallet, and took
out some little pictures which he had treasured up there, and some small
pieces of white paper, which he said were marks. They were to put into
his books to keep the place, when he was reading. He had got quite a
quantity of them all prepared for use. When Rollo had got his wallet
ready, his father took out half a dollar from his pocket, and also
another small silver coin, about as large as Rollo said the one was,
which was lost; and then sent Rollo to carry it to Dorothy.
In a few minutes, Rollo came back with the money in his hand, and said,
"She won't take it. She said I must bring it back. It was as much as I
could do to get her to take the wallet."
"But she _must_ take it," replied his father. "You carry it to her
again, and tell her she has nothing to do with the business. The money
is for Sarah, and she must not refuse it, but take it and give it to her
the first opportunity."
So Rollo carried the money again to Dorothy. She received it this time,
and put it in the wallet, and then deposited both in a safe place in her
work-table. Then Rollo came back to his father to ask him a little more
about bailments.
"Father," said Rollo, when he came back, "if James should give me his
knife, or any thing, for my own, would that be a bailment?"
"No," said his father. "A bailment is only where property is intrusted
to another, for a certain purpose, to be returned again to the
possession of the owner, when the purpose is accomplished. For instance,
when Jonas is sawing wood with my saw, the saw is a bailment from me to
him; it remains my property; but he is to use it for a specific purpose,
and then return it to my possession."
"He does not bring it back to you," said Rollo.
"No, but he hangs it up in its place in my shed, which is putting it
again in my possession. And so all the things which Dorothy uses in the
kitchen are bailments."
"And if she breaks them, must she pay for them?"
"No, not unless she is grossly careless. If she exercises good ordinary
care, such as prudent persons exercise about their own things, then she
is not liable, because she is using them mainly for my benefit, and of
course it must be at my risk. But if Sarah should come and borrow a
pitcher to carry some milk home in, and should let it fall and break it
by the way, even if it was not gross carelessness, she ought to pay for
it; that is, the person that sent her ought to pay for it, for it was
bailed to her for her benefit alone; and therefore it was at her risk."
"I should not think you would make her pay for it," said Rollo.
"No, I certainly should not. I am only telling what I should have a
right to do if I chose.
"Sometimes a thing is bailed to a person," continued Rollo's father,
"for the benefit of both persons, the bailor and the bailee."
"The bailee?" said James.
Public-domain text, read in full here on John Shaqi.
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