the loan of i t ;—for which reafon there is an effential difference between
the cafes here confidered and that of loan.
If the pawnee borrow the pledge from the pawner for any particular
purpofe, and it be deftroyed previous to his having applied it to
that purpofe, he is ; refponfible for it*— that is-to fay, a lum proportionate
to its value, is retrenched from his claim; 'for until he apply
it to that ufe for which he.has borrowed it, the feizio which he had
made in virtue of the contraft of pawn ftill fubfifts. The law is. fimi-
lar where the pawn is deftroyed. after the pawnee has accomplifhed
the fervice for which he had borrowed i t ; for then his feizin of loan
exifts no longer. If, on the contrary, it be deftroyed during the
period in which he enjoys the ufe o f it, he is not refponfible, as at that
time he holds it in loan, not in pawn. (T h e fame rule alfo holds
where the pawner confents to the pawnee’ s making ufe o f 1 the
pledge*.)
i PS;T an lF a P€r^on borrow a robe from another, with an intent generally
article, with declared “ to pawn it,” he may accordingly pawn it in fecurity for
pawn'Tu is ° any debt whether great or fmall;— whereas, if the lender particularly
th fp tw n l " fpec‘fy the fum in fecurity for which the borrower may pawn the
cording as he robe, he is not, in that cale, permitted to pawn it for a fum either
particulars o f larger or fmaller than what is fo fpecified;— not for a larger fum, be-
oreofht™ifeC: cauk the inVntion of the lender is, that the robe Ihall be pawned-for
a debt which may be eafily difeharged, an intention which is obvioufly
defeated in the cafe of pawning it for a large fum;— nor for a fmalkr
fum, becaufe the view of the lender here is, in cafe of its lofs, the
* T h a t is ,— where the pawnee, being already pofleiTed o f the pledge, obtains the
ow n er ’ s content to make ufe o f i t .— F o r the elucidation of what is h?re advanced it is proper
to remark, that a pledge may either be delivered to the pawnee, given in truft to an
M il, or retained in the hands o f the owner [the pawner] under a refponfibility to account
for it i f neceffary.
5 obtaining
obtaining from the pawner that fum which he would receive from the
pawnee in confideration of the extra value of the pledge. The fame
rule alfo holds where the lender fpecifies either the particular fpecies
of debt, the perfon who is to receive the pawn, or the city in which
the contract is to be concluded;— fuch reftriftions being feverally attended
with particular advantage; for the payment of feme debts is
more eafily effected than of others,— and it is alfo more convenient to
make payment in feme cities than in others, and fo likewife it is of advantage
to particularize the perfons, as feme men are juft and careful,
whilft others are not fo. If, therefore, in any of thefe cafes, the
borrower aft contrary to the direftions of the lender, he becomes refponfible
for the value of the article in cafe of lofs;— and when this
happens, the lender has it in his option either to take a compenfation
from the borrower, (in which cafe the contraft o f pawn fubfifts entirely
between the borrower and the pawnee, fince the former, by
paying a compenfation for the pledge, becomes foie proprietor o f it,)
or from the pawnee, who will take an indemnification from the
pawner, and likewife receive payment of his debt, as has been before
explained in the cafes of claims laid to pledges. If, on the contrary,
the borrower conform to the direftions of the lender, by pawning the
robe for the exaft fum to which he was reftrifted, and the value of the
robe be equal to, or greater than the amount of the debt, the pawnee
is held, in cafe of its lofs, to have received payment o f his debt, and
the proprietor of the robe receives from the pawner the amount of the
debt, being the fum which the borrower had cleared by means of his
property;— (and it is on this account that the borrower muft pay the
amount of the debt,— not becaufe he was feized of the robe, as that
was in virtue of a free loan from the proprietor.)— In the fame manner
if, when the pawner had conformed to the direftion of the lender,
the robe be in any degree depreciated, the pawnee forfeits a proportionate
part of his claim, and a like fum is due from the borrower to
the lender, becaufe o f fo much having been retrenched from his debt.
If the value of the robe be fihort of the amount of the debt, and it be
loft
and i f he
tranfgrefs, is
refponfible
for the value
in cafe o f lofs: