Sec 600

A carrier or other bailee may excuse himself from special liability on the occurrence of any event which would otherwise not affect his liability. He may say, for instance,"I am bound to deliver these goods unless destroyed by fire." This is the reverse of an insurer's duties who agrees to pay the price of the goods in case they are destroyed by fire. The casus of accidental fire is then the condition, in the one case of the vacating, in the other of the institution, of the obligation.10 It is also settled be accepted or indorsed conditionally.

Casus may vacate or institute obligation.

1 Leake, 2d ed. 634; Byles on Bills, 9th ed. 186; but see, contra, Syracuse Bank v. Armstrong, 25 Minn. 530.

2 Pierson v. Dunlop, Cowp. 571.

3 Miln v. Prest, 4 Camp. 393.

4 Perry v. Smith, 22 Vt. 301; Brooks v. Hubbard, 2 Conn. 58; Pinney v. Gleason, 5 Wend. 393; 5 Cow. 152. As to notes in the alternative, see infra, sec 619.

5 Edgar v. Boies, 11 S. & R. 445; Cole v. Ross, 9 B. Mon. 393; Harris Man. Co. v. Marsh, 49 Iowa, 11.

6 Leake, 2d ed. 636; Byles on Bills,.

9th ed. 148; Chitty on Bills, 10th ed. 166.

7 Leake, 2d ed. 636; Carlos v. Fan-court, 5 T. R. 482; Hill v. Halford, 2 B. & P. 413; Robins v. May, 11 A. & E. 213; Dodge v. Emerson, 34 Me. 96; Cook v. Satterlee, 6 Cow. 108; Ree-side v. Knox, 2 Whart. 233; Dyer v. Covington, 19 Penn. St. 200.

8 McCormick v. Trotter, 10 S. & R. 94; Wright v. Hart, 44 Penn. St. 454.

9 Munger v. Shannon, 61 N. Y. 251; Gillespie v. Mather, 10 Barr, 28.

10 Supra, sec 308.

that an agreement may be made inoperative on the happening of a contingency; e. g., when a contractor reserves the right to abandon boring for coal in case he should find "what is known as conglomerate or iron stone before he reaches 300 feet."1