LOAN FOR UBE (called, also, commo datum). A bailment of an article to be used by the borrower without paying for the use. 2 Kent, Comm. 4th ed. 573.
Loan for use (called commodatum in the civil law) differs from a loan for consumption (called mututtm in the civil law) in this, that the commoda tam must be specifically returned, the ?autumn is to be returned in kind. In the case of a connuodatum, tho property in the thing remains in the lender ; in a mututan, the property passes to the horrower.
2. The loan, like other bailments, must be of some thing of a personal nature, Story, Bailm. 223 ; it must be gratuitous, 2 Lti. Raym. 913, for the use of the borrower, and this as the principal object of the bailment, Story, Bailm. 225 ; 13 Vt. 161 ; and must be lent to be specifically returned at the de termination of the bailment. Story, Baiim. 228.
The general law of contracts governs as to the capacity of the parties and the character of the use. Story, Bailm. 50, 162, 302, 380. He who has a special property may loan the thing, and this even to the general owner, and the possession of the general owner still be that of a borrower. 1 Atk. Ch. 235 ; 8 Term, 199 ; 2 Taunt. 268.
3. The borrower may use the thing him self, but may not, in general, allow others to use it, 1 Mod. 210 ; 4 Sandf. N. Y. 8, during the time and for the purposes and to the ex tent contemplated by the parties. 5 Mass. 104 ; 1 Const. So. C: 121 ; 3 Bingh. N. c. 468; Bracton, 99, 100. He is bound to use extra ordinary diligence, 3 Bingh. N. c. 468 ; 14 III. 84 ; 4 Sandf. N. Y. 8 ; is responsible for acci
dents, though inevitable, whieh injure the property during any excess of use, 5 Mass. 194 ; 16 Ga. 25 ; must bear the ordinary ex penses of the thing, Jones, Bailm. 67, and restore it at the time and place and in the manner contemplated by the contract, 16 Ga. 25 ; 12 Tex. 373 ; Story, Bailm. 99 ; cluding; also, all accessories. 16 Ga. 25 ; 2 Kent, Comm. 4th ed. 566. As to the place of delivery, see 9 Barb. N. Y. 189 ; 1 Me. 120 ; 1 N. H. 295 ; 1 Conn. 255 ; 5 id. 76 ; 16 Mass. 453 ; Chipman, Contr. 25. He must, as a general rule, return it to the lender. 7 Cow. N. Y. 278 ; 1 Barnew. & Ad. 450 ; 11 Mass. 211.
4. The lender may terminate the loan at his pleasure, 9 East, 49 ; 1 Term, 480 ; 9 Cow. N. Y. 687; 8 Johns. N. Y. 432; 16 Ga. 25 ; is perhaps liable for expenses adding a permanent benefit. Story, Bailm. 274. The lender still retains his property as against third persons, and, for some purposes, his pos session, 11 Johns. N. Y. 285 ; 6 id. 195; 13 Id. 141, 561; 7 Cow. N. Y. 753 ; 9 id. 687; 1 Pick. Mass. 389; 5 Mass. 303 • 1 Term, 480., 2 Campb. 464; 2 Bingh. 17'2 ; 1 Barnew. & Ald. 59 ; 2 Crompt. M. & R. Exch. 659. As to whether the property is transferred by a recovery of judgment for its value, see 26 Eng. L. & Eq. 328 ; 2 Strange, 1078 ; Mete. Yelv. 67, u.; 5 Me. 147 ; 1 Pick. Mass. 62. See, generally, Edwards, Jones, Story, on Bail ments ; Kent, Comm. Lect. 46 ; Chipman, Contr.