Definition: the thing borrowed, such as corn, wine, and money, is to be returned in kind and quantity. See Mutuum. It follows, that a loan for use can never be of a thing which is to be consumed by use; as, if wine is lent to be drunk at a feast, even if no return in kind is intended, unless, perhaps, so far as it is not drunk; for, as to, all the rest, it is strictly a gift.
7. In general, it may be said that the borrower has the right to use the thing during the time and for the purpose which was intended between the parties. But this right is strictly confined to the use, expressed or implied in the particular transaction; and the borrower, by any excess, will make himself responsible. JonesBailm. 68; Cro. Jac. 244; 2 Ld. Raym. 909,916; 1 Const. Rep. So. Car. 121; Louis. Code: art. 2869; Code Civil, art. 1881; 2 Bulst. 306.
8. The obligations of the borrower are to take proper care of the thing borrowed, to use it according to the intention of the lender, to restore it in proper time, and to restore it in proper condition. Story on Bailm. 236; Louis. Code, art. 2869; Code Civ. 1880.
9. By the common law, this bailment may always be terminated at the pleasure of the lender. (q. v.) Vin. Abr. Bailment, D; Bac. Abr. Bailment, D.
10. The property in the thing lent in a loan for use, remains in the lender, Story on Bailment, 283; Code Civil, art. 1877; Louis. Code, art. 2866.
11. It is proper to remark that the loan for use must be lawful; a loan by Peter to Paul of a ladder to enable him to commit a larceny, or of a gun, to commit a murder, is not a loan for use, but Peter by this act becomes an accomplice of Paul. 17 Duv. n. 503; 6 Duverg. n. 32.
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