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单词 mutuary
释义

mutuaryn.

Brit. /ˈmjuːtʃʊəri/, /ˈmjuːtʃᵿri/, /ˈmjuːtjʊəri/, /ˈmjuːtjᵿri/, U.S. /ˈmjutʃəˌwɛrɪ/
Origin: Formed within English, by derivation. Etymons: mutuum n., -ary suffix1.
Etymology: < mutuum n. + -ary suffix1. Compare classical Latin mūtuārius (adjective) mutual, reciprocal (2nd cent. a.d. in Apuleius). Compare earlier mutuate v. N.E.D. (1908) gives only the pronunciation (miū·tiuˌări) /ˈmjuːtjuːərɪ/.
Law. Now historical and rare.
The borrower in a contract of mutuum.
ΘΚΠ
the mind > possession > taking > borrowing > [noun] > borrower
borrowerc1440
mutuary1839
society > law > legal obligation > contract > [noun] > one who is party to > person who enters into contract > to borrow and return personal chattels
mutuary1839
1839 J. Story Law of Bailments §47. 34 A deposit differs from what is called in the civil law a mutuum, for there the identical thing lent is not to be returned, but another thing of the same kind, quality, nature or value. In the latter case, the property passes immediately to the mutuary.
1848 J. J. S. Wharton Law Lexicon at Mutuum In a mutuum the property passes immediately from the mutuant or lender to the mutuary or borrower, and the identical thing lent cannot be recovered or redemanded.
1856 Bouvier's Law Dict. U.S.A. (ed. 6) II. 196 Mutuary, [in] contracts, a person who borrows personal chattels to be consumed by him, and returned to the lender in kind.
1894 Ohio Circuit Court Decisions 4 98 The obligation is imposed upon the depositary or mutuary, to redeliver.
1914 Ruling Case Law 3 74 In such a case the mutuary is not bound to restore the specific article deposited or loaned.
This entry has been updated (OED Third Edition, June 2003; most recently modified version published online March 2022).
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