Steele v. Buck

Citations

• 61 Ill. 343

Syllabus

<p>1. Bailee—return of chattel. Where a vessel is chartered for a specified time, at a fixed price, under a written contract, and a bond with security is given, conditioned for the payment of the price, and for the return of the vessel at the time named “in as tight, staunch and good condition as she now is, reasonable wear and tear excepted,” and before the time for her return the vessel is destroyed in a gale by the “ act of God,” through 'no fault or negligence whatever, the bailee and his surety are still liable upon their bond, and must respond iu damages to the owner of the vessel for not returning her according to the terms of their obligation. But it seems that if the liability of the bailee had rested upon the charter alone, without the bond to return, the rule might he different. Nor would the mere fact that, in pursuance of the charter, the vessel had been insured for the benefit of the owner, constitute any defense to an action on such a bond, unless it were also shown that he had received the insurance money, and was therefore not entitled to a second satisfaction for the loss of his property.</p> <p>2. Same—general rule. The principle underlying all the English and American authorities on this subject is, that a party-must perform his contract, and if loss occurs by inevitable accident, the law will let it rest upon the party who has contracted that he will hear it. He is an insurer to the extent of making good the loss. The rule is just, and founded in reason, for'if he did not intend to bear the lass, it is natural to presume that he would have stipulated against it. And again, where one of two innocent persons must sustain a loss, the law casts the burden upon the party who agreed to sustain it, or rather, leaves it where the parties, by their agreement, placed it.</p> <p>3. Exceptions—death. Exceptions to this rule have been allowed in recognizances, where, if the person die, the liability of the surety is discharged; and in an obligation to delive