3.1.232 to 3.1.235

(203) The action of theft will lie in favor of the party whose interest it is that the property shall be preserved, even though he may not be the owner; and hence it will not lie in favor of the owner, unless he is interested in the property not being destroyed. (204) Therefore, it is settled that when an article which was pledged has been stolen, the creditor can bring the action of theft, and to such an extent is this true, that even if the owner himself, that is to say the debtor, steals the property, the action of theft can still be brought by the creditor. (205) Moreover, if a fuller receives clothes to be cleaned or pressed, or a tailor receives them to be repaired, for a certain compensation, and loses them by theft, he, and not the owner, will be entitled to bring the action; because the owner is not interested in their not being lost; as he can recover the value of the clothing in the action of leasing against the fuller, or tailor, provided the said fuller or tailor has sufficient property to make good the loss; for if he should not be solvent, then, for the reason that the owner is unable to recover what belongs to him, he can himself bring the action of theft, because, in this case, it is to his interest that the property should be saved. (206) What we have stated with reference to a fuller and a tailor, we can likewise apply to one to whom we lend an article for use, for, as the former, on account of the compensation they received, are liable for the safe keeping of the property, the latter in consideration of the benefit he derives from using the article, also becomes responsible for its safe keeping.