The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1908-08-21


this act. is housd TO deliver the goods
upon demand made either by the holder
OF receipt for the goods or by the de.
positor. IL such demand is accompanied
with
(a.) An offer TO satisfy the warehouse.
mans lien.
(h.) An offer 20 surrender the receipt IL
negotiable. with such Endorsements as
would be necessary for the negotiation OF
the receipt. and
tc) a readiness and willingness 10 sign.
when the goods are delivered, an aclnowl. =.
edgment that they have been delivered. IL
such signature is requested by the ware
houseman.
In case the warehouseman refuses or
fails TO deliver the goods i'm compliance
with demand by the holder or depositor
so accompanied, the burden shall he upon
the warehouseman 10 establish the exist
ence OF a lawful excuse for such refusal.
Sec. s-lJustihcation OF Warchouseman
In Deliveringl warehouseman is Justi-
fled In delivering the goods. subject To the
provisions OF the three following sections,
10 one who is
IA The perses lawfully entitled to the
possession OF the goods. or his agent
tb) person who IL either himself enti-
tied To delivery 10y the terms OF a non-ne-
gotiable receipt issued for the goods, or
who has written authority from the per.
son so entitled either indorsed upon the
receipt or written upon another paper. or
(c.) A person i'm possession OF "A negota-
bic receipt by the terms OF which the
goods are deliverable TO him or order or
10 bearer or which has been indorsed To
him or I'm blank by the person to whom de-
livery was promised by the terms OF the
receipt or by his mediate or immediate i'm
dorsee.
Sec -tWarehouseman's Liability for
Misdeliveryl Where n warehouseman de-
livers the goods 10 one who is not I'm fact
lawfully entitled TO the possession Of
them, the warchouseman shall be liable
as for conversion 10 all having n right of
property or possession I'm the goods II he
delivered the goods otherwise than as au-
thorized by subdivisions (b) and tc) OF the
preceding section. and though he deliv
cred the goods as authorized by said sub
divisions he shall be so liable. II prior to
such delivery he had either.
taD Been requested. by or on behalf OF
the person lawfully entitled To right OF
property or possession in the goods, not
TO make such delivery. or
(b) Had information that the delivery
about To be made was TO one not lawfully
entitled to the possession OF the goods.
Sec. u.-lNcgotiahle Receipts Must be
Cancelled When Goods Delivered Except
as provided in section 30, where "a ware
houseman delivers goods for which he had
issued negotiable receipt. the negotia-
tion OF which would transfer the right TO
the possession OF the goods. and fails to
take up and cancel the receipt. he shall
be liable, to any one who purchases for
value In good faith such receipt for fail
ure TO deliver the goods 10 him, whether
such purchaser acquired title to the re-
ceipt before or after the delivery OF the
goods by the warehouseman.
Sec. Negotiable Receipts Must he
Cancelled or Marked When Part OF Goods
Delivered.l Except as provided In section
80. where "A warehouseman delivers part
NJ .lS- h.. haA tGS
gotiable receipt and fails either to take
up and cancel such receipt. or to place
plainly upon IL a statement OF what goods
or packages have been delivered he shall
be liable, 10 any one who purchases for
value i'm good faith such receipt for fail
ure to deliver all the goods specified I'm the
receipt. whether such purchaser acquired
title To the receipt before or after the de-
livery OF any portion of the goods by the
warehouseman.
Sec. 13.-fAliered Receipts.1 The aItera-
tion OF n receipt shall not excuse the
warehouseman who issued II from any
liability II such alteration was
Ia Immaterial.
(b) Authorized, or
tc) Made without fraudulent intent.
If the alteration was authorized. the
warehouseman shall be liable according
10 the terms OF the receipt as altered. II
the alteration was Unauthorized. but made
without fraudulent intent, the warehouse
man shall be liable according to the
terms OF the receipt as they were before
alteration.
Material and fraudulent alteration OF n
receipt shall not excuse the warehouse
man who issued IL from liability to deliv-
er, according to the terms OF the receipt
as originally issued. the goods for which
II was issued. but shall excuse him from
any other liability TO the person who
made the alteration and TO any person
who took with notice of the alteration.
Any purchaser OF the receipt for value
without notice OF the alteration shall ac-
Quire the same rights against the ware
houseman which such purchaser would
have reacquired II the receipt had not
been altered at the time OF the purchase.
Sec. H-fLost or Destroyed Receipts.
Where a negotiable receipt has been lost
or destroyed, court Of competent juris-
diction may order the delivery OF the
goods upon satisfactory proof OF such
loss or destruction and upon the giving
OF bond, with sufficient sureties TO be
approved by the court, to protect the ware
houseman from any liability or expense
which he or any person injured by such
delivery may incur by reason OF the orig
inal receipt remaining outstanding. The
court may also in It's discretion order the
payment OF the warehouseman's reason
able costs and counsel fees.
The delivery OF the goods under an or
der Of the court az provided In this gee
tion, shall not relieve the warehouseman
from liability 10 person TO whom the
negotiable receipt has been or shall be
negotiated for value without notice OF the
proceedings OF OF the delivery Of the
goods.
Sec. I5.-fEfect OF Duplicate Receipts.
receipt upon the face OF which the,
word duplicate" is plainly placed In "A
representation and warranty by the ware
houseman that such receipt is an accurate
copy OF an original receipt properly is
sued and uncsncelled at the date OF the
issue OF the duplicate. but shall Impose
upon him no other liability.
Sec. l6.-fWarehouseman can not set up
Title In Himselfl No title or right TO the'
possession OF the goods, on the part Of
the warehouseman, unless such title or
right In derived directly or Indirectly
from transfer made by the depositor at
the time OF or subsequent 10 the deposit
for storage, or from the warehouseman's
lien. shall excuse the warehouseman from
liability for refusing 10 deliver the goods
according 20 the terms OF the receipt.
Sec. H-fInterpleader OF Adverse Claim
ants.l II more than one person claim the
title or possession Of the goods. the ware