Gratuitous Bailment

GRATUITOUS BAILMENT - Another name for a depositum or naked bailment,

which is made only for the benefit of the bailor and is not a source of
profit to the bailee. Blacks Law Dictionary Sixth Edition (page 141,
142)
BAILOR defined: The party who bails or delivers goods to another
(bailee) in the contract of bailment. The transferor of goods under a
bailment. Blacks Law Dictionary Sixth Edition (page 141)
BAILEE defined: In the law of contracts, one to whom goods are bailed;
one to whom goods are entrusted by a bailor; the party to whom personal
property is delivered under a contract of bailment. A species of agent
to whom something movable is committed in trust for another. Smith v.
State, 78 Okl. Cr. 343, 148 P.2d 206, 208. Under U.C.C., a person who
by warehouse receipt, bill of lading or other document of title
acknowledges possession of goods and contracts to deliver them. The
transferee of goods under a bailment, including a warehouseperson or a
carrier. U.C.C. 7-102. See Gratuitous bailee. Blacks Law Dictionary
Sixth Edition (page 141)
GRATUITOUS BAILEE defined: Person to whom possession of personal
property is transferred and who furnishes no consideration for such
transfer and hence is required to use great care to avoid liability for
negligence. One responsible for goods entrusted to him or her when
goods are damaged or lost through one's gross negligence. Christensen
v. Dady, 238 Ark. 577, 383 S.W.2d 283, 285. See also Bailee. Blacks
Law Dictionary Sixth Edition (page 701)
GRATIS defined: Without reward or consideration. 2. When a bailee
undertakes to perform some act or work gratis, he is answerable for his
gross negligence, if any loss should be sustained in consequence of it;
but a distinction exists between non-feasance and misfeasance; between
a total omission to do an act which one gratuitously promises to do,
and a culpable negligence in the execution of it; in the latter case he
is responsible, while in the former he would not, in general, be bound
to perform his contract. 4 Johns. R. 84; 5 T. 143; 2 Ld. Raym. 913.
A Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And
Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856
GRATUITOUS CONTRACT defined: civ. law. One, the object of which is for
the benefit of the person with whom it is made, without any profit,
received or promised, as a consideration for it as, for example, a
gift. 1 Bouv. Inst. n. 709. A Law Dictionary Adapted To The Constitution And Laws
Of The United States Of America And Of The Several States Of The American Union by: John
Bouvier Revised Sixth Edition, 1856
GRATUITOUS defined: Given or granted without valuable or legal
consideration. A term applied to deeds of conveyance and to bailments
and other contracts. In old English law, voluntary; without force,
fear, or favor. As to gratuitous Bailment; Contract; Deposit, see those
titles. See also Gratis. Blacks Law Dictionary Sixth Edition (page 701)
"CORPORATIONS" are artificial persons Contract: The reciprocal or
mutual assent of two or more persons competent to contract. Every
agreement ought to be so certain and complete, that each party may have
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an action upon it; and the agreement would be incomplete if either
party withheld his assent to any of its terms. Peake's R. 227; 3 T. R.
653; 1 B. & A. 681 1 Pick. R. 278. The agreement must, in general, be
obligatory on both parties, or it binds neither. To this rule there
are, however, some exceptions, as in the case of an infant's
contract. He may always sue, though he cannot be sued, on his contract.
Stra. 937. See other instances; 6 East, 307; 3 Taunt. 169; 5 Taunt.
788; 3 B. & C. 232. 6.-2d. There must be a good and valid
consideration, motive or inducement to make the promise, upon which a
party is charged, for this is of the very essence of a contract under
seal, and must exist, although the contract be reduced to writing. 7 T.
R. 350, note (a); 2 Bl. Coin. 444. See this Dict. Consideration; Fonb.
Tr. Eq. 335, n. (a) Chit. Bills. 68. A fraudulent or immoral contract,
or one contrary to public policy is void Chit. Contr. 215, 217, 222:
and it is also void if contrary to a statute. Id. 228 to 250; 1 Binn.
118; 4 Dall. 298 4 Yeates, 24, 84; 6 Binn. 321; 4 Serg & Rawle, 159; 4
Dall. 269; 1 Binn. 110 2 Browne's R. 48. A Law Dictionary Adapted To The
Constitution And Laws Of The United States Of America And Of The Several States Of The
American Union by: John Bouvier Revised Sixth Edition, 1856
Legal fictions - such as that of corporations - being artificial
persons, are lawfully restricted from "entering into contracts" with
"live flesh-and-blood human beings," and are lawfully restricted to
using only "UPPER-CASE" letters with regards to their title
identification upon all contracts and legal papers. This is to
legally/lawfully distinguish them from live flesh-and-blood "people" so
to prevent them from ever imprisoning human beings as slaves. This has
remained well-grounded, well-established mandate for hundreds of years.
An early landmark Supreme Court case from the year 1795 further defined
this grounded fact very well

Penhallow v. Doane's Administrators (3 U.S. 54; 1 L.Ed 57; Dall. 54),
defines governments succinctly: "Governments are Corporations."
Inasmuch as every government is an artificial person, an abstraction,
and a creature of the mind only, a government can interface only with
other artificial persons. The imaginary having neither actuality nor
substance - is foreclosed from creating and attaining parity with the
tangible. The legal manifestation of this is that no government, as
well as any law, agency, aspect, court, etc. therefore, can concern
itself with anything other than corporate, artificial persons and
contracts between them."
PRESENTMENT defined: contracts. The production of a bill of exchange or
promissory note to the party on whom the former is drawn, for his
acceptance, or to the person bound to pay either, for payment. 2. The
holder of a bill is bound, in order to hold the parties to it
responsible to him, to present it in due time for acceptance, and to
give notice, if it be dishonored, to all the parties he intends to hold
liable. And when a bill or note becomes payable, it must be presented
for payment. 3. The principal circumstances concerning presentment, are
the person to whom, the place where, and the time when, it is to be
made. 4.-1. In general the presentment for payment should be made to
the maker of a note, or the drawee of a bill for acceptance, or to the
acceptor, for payment; but a presentment made at a particular place,
when payable there, is in general sufficient. A personal demand on the
drawee or acceptor is not necessary; a demand at his usual place of
residence of his wife or other agent is sufficient. 2 Esp. Cas. 509; 5
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Esp. Cas. 265 Holt's N. P. Cas. 313. 5.-2. When a bill or note is made
payable at a particular place, a presentment, as we have seen, may be
made there; but when the acceptance is general, it must be presented at
the house or place of business of the acceptor. 3 Kent, Com. 64, 65.
6.-3. In treating of the time for presentment, it must be considered
with reference, 1st. To a presentment for acceptance. 2d. To one for
payment. 1st. When the bill is payable at sight, or after sight, the
presentment must be made in reasonable time; and what this reasonable
time is depends upon the circumstances of each case. 7 Taunt. 397; 1
Dall. 255; 2 Dall. 192; Ibid. 232; 4 Dall. 165; Ibid. 129; 1 Yeates,
531; 7 Serg. & Rawle, 324; 1 Yeates 147. 2d. The presentment of a note
or bill for payment ought to be made on the day it becomes due, and
notice of non-payment given, otherwise the holder will lose the
security of the drawer and endorsers of a bill and the endorsers of a
promissory note, and in case the note or bill be payable at a
particular place and the money lodged there for its payment, the holder
would probably have no recourse against the maker or acceptor, if he
did not present them on the day, and the money should be lost. 5 Barn.
& Ald. 244. Vide 5 Com. Dig. 134; 2 John. Cas. 75; 3 John. R. 230; 2
Caines' Rep. 343; 18 John. R. 230; 2 John. R. 146, 168, 176; 2 Wheat.
373; Chit. on Bills, Index, h.t.; Smith on Mer. Law, 138; Byles on
Bills, 102. 7. The excuses for not making a presentment are general or
applicable to all persons, who are endorsers; or they are special and
applicable to the particular' endorser only. 8.-1. Among the former
are, 1. Inevitable accident or overwhelming calamity; Story on Bills,
Sec. 308; 3 Wend. 488; 2 Smith's R. 224. 2. The prevalence of a
malignant disease, by which the ordinary operations of business are
suspended. 2 John. Cas. 1; 3 M. & S. 267; Anth. N. P. Cas. 35. 3. The
breaking out of war between the country of the maker and that of the
holder. 4. The occupation of the country where the note is payable or
where the parties live, by a public enemy, which suspends commercial
operations and intercourse. 8 Cranch, 155 15 John. 57; 16 John. 438 7
Pet. 586 2 Brock. 20; 2 Smith's R. 224. 51. The obstruction of the
ordinary negotiations of trade by the vi's maj or. 6. Positive
interdictions and public regulations of the state, which suspend
commerce and intercourse. 7. The utter impracticability of finding the
maker, or ascertaining his place of residence. Story on Pr. N. 205,
236, 238, 241, 264. 9.-2. Among the latter or special excuses for not
making a presentment may be enumerated the following: 1. The receiving
the note by the holder from the payee, or other antecedent party, too
late to make a due presentment; this will be an excuse as to such
party. 16 East, 248; 7 Mass. 483; Story, P. N. Sec. 201, 265; 11 Wheat.
431 2 Wheat. 373. 2. The note being an accommodation note of the maker
for the benefit of the endorser. Story on Bills, Sec. 370; see 2 Brock.
20; 7 Harr. & J. 381; 7 Mass. 452; 1 Wash. C. C. R. 461; 2 Wash. C. C.
R. 514; 1 Raym. 271; 4 Mason, 113; 1 Har. & G. 468; 1 Caines, 157; 1
Stew. 175; 5 Pick. 88; 21 Pick. 327. 3. A special agreement by which
the endorser waives the presentment. 8 Greenl. 213; 11 Wheat. 629;
Story on Bills, Sec. 371, 373; 6 Wheat. 572. 4. The receiving security
or money by an endorser to secure himself from loss, or to pay the note
at maturity. In this case, when the indemnity or money is a full
security for the amount of the note or bill, no presentment is
requisite. Story on Bills, Sec. 374; Story on P. N. Sec. 281; 4 Watts,
328.; 9 Gill & John. 47; 7 Wend. 165; 2 Greenl. 207; 5 Mass. l70; 5
Conn. 175. 5. The receiving the note by the holder from the endorser,
as a collateral security for another debt. Story on Pr. Notes, Sec.
284; Story on Bills, Sec. 372; 2 How. S. C. R. 427, 457. 10. A want of
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presentment may be waived by the party to be affected, after a full
knowledge of the fact. 8 S. & R. 438; see 6 Wend. 658; 3 Bibb, 102; 5
John. 385; 4 Mass. 347; 7 Mass. 452; Wash. C. C. R. 506; Bac. Ab.
Merchant, &c. M. Vide, generally, 1 Hare & Wall. Sel. Dec. 214, 224.
See Notice of dishonor. A Law Dictionary Adapted To The Constitution And Laws Of
The United States Of America And Of The Several States Of The American Union by: John
Bouvier Revised Sixth Edition, 1856
PROMISE defined: contr. An engagement by which the promisor contracts
towards another to perform or do something to the advantage of the
latter. 2. When a promise is reduced to the form of a written agreement
under seal, it is called a covenant. 3. In order to be binding on the
promisor, the promise must be made upon a sufficient consideration --
when made without consideration, however, it may be binding in foro
conscientice, it is not obligatory in law, being nudum pactum. Rutherf.
Inst. 85; 18 Eng. C. L. Rep. 180, note a; Merl. Rep. h.t. 4. When a
promise is made, all that is said at the time, in relation to it, must
be considered; if, therefore, a man promise to pay all he owes,
accompanied by a denial that he owes anything, no action will lie to
enforce such a promise. 15 Wend. 187. 5. And when the promise is
conditional, the condition must be performed before it becomes of
binding force. 7 John. 36. Vide Condition. Promises are express or
implied. Vide Undertaking, and 5 East, 17 2 Leon. 224, 5; 4 B. & A.
595. A Law Dictionary Adapted To The Constitution And Laws Of The United States Of
America And Of The Several States Of The American Union by: John Bouvier Revised Sixth
Edition, 1856
PROMISOR defined: One who makes a promise. 2. The promisor is bound to
fulfill his promise, unless when it is contrary to law, as a promise to
steal or to commit an assault and battery; when the fulfillment is
prevented by the act of God, as where one has agreed to teach another
drawing and he loses his sight, so that he cannot teach it; when the
promisee prevents the promisor from doing what he agreed to do; when
the promisor has been discharged from his promise by the promisee, when
the promise, has been made without a sufficient consideration; and,
perhaps, in some other cases, the duties of the promisor are at an end.
A Law Dictionary Adapted To The Constitution And Laws Of The United States Of America And
Of The Several States Of The American Union by: John Bouvier Revised Sixth Edition, 1856

PROMISEE defined: A person to whom a promise has been made. 2. In
general a promisee can maintain an action on a promise made to him, but
when the consideration moves not from the promisee, but some other
person, the latter, and not the promisee, has a cause of action,
because he is the person for whose use the contract was made. Latch,
272; Poph. 81; 3 Cro. 77; 1 Raym, 271, 368; 4 B. & Ad. 434; 1 N. & M.
303; S. C. Cowp. 437; S. C. Dougl. 142. But see Carth. 5 2 Ventr. 307;
9 M. & W. 92) 96. A Law Dictionary Adapted To The Constitution And Laws Of The United
States Of America And Of The Several States Of The American Union by: John Bouvier
Revised Sixth Edition, 1856
UNDERSTAND defined: To know; to apprehend the meaning; to appreciate;
as, to understand the nature and effect of an act. International-Great
Northern R. Co. v. Pence, Tex. Civ.App.,113 S.W.2d 206,210. To have a
full and clear knowledge of; to comprehend. Thus, to invalidate a deed
on the ground that the grantor did not understand the nature of the
act, the grantor must be incapable of comprehending that the effect of
the act would divest him of the title to the land set forth in the
deed. As used in connection with the execution of wills and other
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instruments, the term includes the realization of the practical effects
and consequences of the proposed act. See Capacity. Blacks Law
Dictionary Sixth Edition (page 1526)
UNDERSTANDING defined: In the law of contracts, an agreement. An
implied agreement resulting from the express terms of another
agreement, whether written or oral. An informal agreement, or a
concurrence as to its terms. A valid contract engagement of a somewhat
informal character. This is a loose and ambiguous term, unless it be
accompanied by some expression to show that it constituted a meeting of
the minds of parties upon something respecting which they intended to
be bound. See Agreement; Contract. Blacks Law Dictionary Sixth Edition
(page 1526)
UNDERSTOOD defined: The phrase "it is understood," when employed as a
word of contract in a written agreement, has the same general force as
the words "it is agreed." Blacks Law Dictionary Sixth Edition (page
1526)
UNDERTAKE defined: To take on oneself; to engage in; to enter upon; to
take in hand; set about; attempt; as, to undertake a task or a journey;
and, specifically, to take upon oneself solemnly or expressly. To lay
oneself under obligation or to enter into stipulation; to perform or to
execute; to covenant; to contract. Hence, to guarantee; be surety for;
promise; to accept or take over as a charge; to accept responsibility
for the care of. To engage to look after or attend to, as to undertake
a patient or guest. To endeavor to perform or try; to promise, engage,
agree, or assume an obligation. Blacks Law Dictionary Sixth Edition
(page 1526)
UNDERTAKING defined: A promise, engagement, or stipulation. An
engagement by one of the parties to a contract to the other, as
distinguished from the mutual engagement of the parties to each other.
It does not necessarily imply a consideration. In a somewhat special
sense, a promise given in the course of legal proceedings by a party or
his counsel, generally as a condition to obtaining some concession from
the court or the opposite party. A promise or security in any form. See
Stipulation. Blacks Law Dictionary Sixth Edition (page 1526)
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