Title 15 — Title 15 — Contracts

A surety is entitled to the benefit of every security for the performance of the principal obligation, held by the creditor or by a cosurety, at the time of entering into the contract of suretyship, or acquired by him afterwards, whether the surety was aware of the security or no…

Whenever property of a surety is hypothecated with the property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation. R.L.1910, § 1063.

A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and may, upon the maturity of the obligation, compel the application of such security to its satisfaction. R.L.1910, § 1064.

Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties, or of some other person. R.L.1910, § 1074.

An agreement to indemnify a person against an act thereafter to be done is void if the act be known by such person at the time of doing it to be unlawful. R.L.1910, § 1075.

An agreement to indemnify a person against an act already done is valid even though the act was known to be wrongful unless it was a felony. R.L.1910, § 1076.

An agreement to indemnify against the acts of a certain person, applies not only to his acts and their consequences, but also to those of his agents. R.L.1910, § 1077.

An agreement to indemnify several persons applies to each, unless a contrary intention appears. R.L.1910, § 1078.

One who indemnifies another against an act to be done by the latter, is liable jointly with the person indemnified, and separately to every person injured by such act. R.L.1910, § 1079.

In the interpretation of a contract of indemnity, the following rules are to be applied, unless a contrary intention appears: 1. Upon an indemnity against liability, expressly, or in other equivalent terms, the person indemnified is entitled to recover upon becoming liable. 2. Up…

Where one, at the request of another, engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of the latter, he is entitled to be reimbursed in the same manner as a surety for whatever he may pay. R.L.1910, § 1081.

Upon those contracts of indemnity which are taken in legal proceedings, as security for the performance of an obligation imposed or declared by the tribunals, and known as undertakings or recognizances, the sureties are called bail. R.L.1910, § 1082.

The obligations of bail are governed by the statutes specially applicable thereto. R.L.1910, § 1083.

A bailment may be voluntary or involuntary; and for safekeeping or exchange. R.L.1910, § 1084.

A voluntary bailment is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party; the person giving is called the bailor and the person receiving the bailee. R.L.1910, § 1085.

An involuntary bailment is made: First. By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or, Second. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergenci…

The person with whom a thing is deposited, in the manner described in the last section, is bound to take charge of it if able to do so. R.L.1910, § 1087.

A bailment for safekeeping is one in which the bailee is bound to return the identical thing deposited. R.L.1910, § 1088.

A bailment for exchange is one in which the bailee is only bound to return a thing corresponding in kind to that which is deposited. R.L.1910, § 1089.

A bailee must deliver the thing to the person for whose benefit it was deposited, on demand, whether the bailment was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by…

A bailee is not bound to deliver a thing deposited without demand, even where the bailment was made for a specified time. R.L.1910, § 1091.

A bailee must deliver the thing deposited at the residence or place of business of the bailor, as may be most convenient for him. R.L. 1910, § 1092.

A bailee must give prompt notice to the person for whose benefit the bailment was made, of any proceedings taken adversely to his interest in the thing bailed which may tend to excuse the bailee from delivering the thing to him. R.L.1910, § 1093.

A bailee who believes that a thing deposited with him is wrongfully detained from its true owner may give him notice of the bailment; and if, within a reasonable time afterwards, he does not claim it, and sufficiently establish his right thereto, and indemnify the bailee against …

If a thing bailed is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the balee may deliver to each his proper share thereof, if it can be done without injury to the thing. R.L.1910, § 1095.

A bailor must indemnify the bailee: First. For all damage caused to him by the defects or vices of the thing bailed; and, Second. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking. R.L.1910, § 1096.

A bailee of living animals must provide them with suitable food and shelter, and treat them kindly. R.L.1910, § 1097.

A bailee may not use the thing bailed, or permit it to be used, for any purpose, without the consent of the bailor. He may not, if it is purposely fastened by the bailor, open it without the consent of the latter, except in case of necessity. R.L.1910, § 1098.

A bailee is liable for any damage happening to the thing bailed during his wrongful use thereof, unless such damage must inevitably have happened, though the property had not been thus used. R.L.1910, § 1099.

If a thing bailed is in actual danger of perishing before instructions can be obtained from the bailor, the bailee may sell it for the best price obtainable, and retain the proceeds as a bailment, giving immediate notice of his proceedings to the bailor. R.L.1910, § 1100.

If a thing is lost or injured during its deposit, and the bailee refuse to inform the bailor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the bailee shall be presum…

The duties and liabilities of a bailee by whom services are rendered or of whom services are required on the thing bailed are subject to the general laws of the state, and may be regulated by contract. R.L.1910, § 1102.

The liabilities of a bailee for negligence shall not exceed the amount which he is informed by the bailor, or has reason to suppose, the thing bailed is worth. R.L.1910, § 1103.

A gratuitous bailment is a bailment for which the bailee receives no consideration beyond the mere possession of the thing bailed. R.L.1910, § 1104.

An involuntary bailment is gratuitous, the bailee being entitled to no reward. R.L.1910, § 1105.

A gratuitous bailee must use at least slight care for the preservation of the thing bailed. R.L.1910, § 1106.

The duties of a gratuitous bailee cease: First. Upon his restoring the thing bailed to its owner; or, Second. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary bailee, under the first subdivisi…

A bailment not gratuitous is called a bailment for hire. The bailee in such case is called a bailee for hire. R.L.1910, § 1108.

A bailee for hire must use at least ordinary care for the preservation of the thing bailed. R.L.1910, § 1109.

In the absence of a different agreement or usage, a bailee for hire is entitled to one (1) week's compensation for the sustenance and shelter of living animals during any fraction of a week, and to half a month's compensation for the storage of any other property during any fract…

In the absence of an agreement as to the length of time during which a bailment is to continue, it may be terminated by the bailor at any time, and by the bailee upon reasonable notice. R.L.1910, § 1111.

Notwithstanding an agreement respecting the length of time during which a bailment is to continue, it may be terminated by the bailor on paying all that would become due to the bailee in case of the bailment so continuing. R.L.1910, § 1112.

The provisions of this article have no application to things which have been intentionally abandoned by their owners. R.L.1910, § 1123.

A bailment for exchange transfers to the bailee the title to the thing bailed, and creates between him and the bailor the relation of debtor and creditor merely. R.L.1910, § 1124.

An innkeeper or keeper of a boarding house is liable for all losses of, or injuries to, personal property placed by his guests or boarders under his care, unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of so…

suitable locks. It shall be the duty of the proprietor, manager, or operator of any hotel, apartment hotel, or inn to equip the doors of all guest rooms in any hotel, apartment hotel or inn operated by him, with suitable night latches, night chains, or bolts, so placed on the ins…

guest for loss of property. Whenever the proprietor, manager or operator of any hotel, apartment hotel or inn shall provide a safe, vault or other depository for the safekeeping of any money, jewels, ornaments, bank notes, bonds, negotiable securities, or other valuable papers, p…

Except as provided for in Section 2 of this act, whenever the proprietor, manager or operator of any hotel, apartment hotel or inn shall have complied with the provisions of Section 1 of this act such proprietor, manager or operator shall not be liable for the loss of or damage t…

An apartment hotel, within the meaning of this act, includes a hotel wherein apartments are rented for fixed periods of time, either furnished or unfurnished, to the occupants of which the proprietor, manager or operator thereof supplies food, if required. Laws 1939, p. 343, § 4.

"Guest", within the meaning of this act, shall include transient guests, permanent guests, tenants, lodgers and patrons who have registered at and have been assigned a room in such hotel, apartment hotel or inn. Laws 1939, p. 343, § 5.