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If A, the vendor of the horse, while the horse stays in his possession, after the sale, should use it in any mode completely different from what it was understood that he ought to use it; or should neglect to take such cheap care, in the use and treatment of the horse, as good religion towards the owner of the horse required of him; and will thereby the time cause of injury or demise to the horse, he (the seller) could be still liable for the worth of the horse; not, however, on his contract, nor in an action of trover for the horse itself, however in an motion on the case for damages, for the loss occa­sioned by his intent, as has earlier than been defined. By the same rule, if B, the vendor of the money, while it remained in his possession, would intentionally or negligently expose it to any apart from the same old risks, to which it was understood that it was to be exposed, and thereby the money needs to be misplaced, then he (the seller of the money) could be shill liable to the proprietor of it for the quantity ; not, nonetheless, on his contract, nor in an action of tromer for the money itself, bud In an action on the case for damages, for the loss occasioned by his fault.

On the identical principle, them, that A is time mere bailee of the horse for those thirty days, B is the mere bailee of the money, (or of an amount of worth equivalent to the money,) during the same time; that’s, this cash or worth remains within the palms of B, for his use, the true possession being in A; and if the cash, in the course of the thirty days that It is to remain in time palms of B, for his use, be lost by fire, or theft, or any of the acci­dents, or any of the casualties of trade, to which money is liable, with none fault, or culpable negligence on the a part of B, the loss fells upon A, the purchaser and real owner of the money. The possession merely of every stays with the seller for thirty days. Each purchaser, in fact, takes the identical threat as the opposite, of the commodity he has bought, whereas it stays within the arms of its vendor. It follows that it must have been understood, both by debtor amid creditor as a self-evident matter, that the debtor, whereas laboring, ought to acceptable enough of the property in his fingers for his subsistence, because without his subsistence, he couldn’t bestow his labor upon the capital.

But when it’s inadequate for the satisfaction of his debt – that is, if his purchase have been diminished In value or quantity, while In the custody of the debtor, (with none fault or culpable neglect on the a part of the debtor,) – he, the creditor, must bear the loss. Well, them, supposing this point to he established, that the fitting of property, in money that’s promised-or somewhat in an amount of value present, in some shape or other, within the hands of the debtor, enough to buy the amount of cash promised – passes to its purchaser on the time the contract is entered into, instead of the time of delivery – what follows? The mutual buy and sale of the horse and the money is a mere exchange of equivalents- a reciprocal cud equal contract; and exactly the identical rights of property, which go to time purchaser of the horse, move additionally to the purchaser of the money. Why does not the best of property, within the hundred dollars, (or in an amount of value equal to the hundred dollars,) pass equally on the time of the contract, mind the possession merely stay with the vendor of the money for thirty days?