River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1909-07-15


~ person who Is either himself en-
| titled to delivery by the terms of a nom
negotiable receipt issued for the goods, or
| who has written authority from the person
so entitled either Endorsed upon the re-
ceipt or written upon another paper. or
b pecen by the - tepms of Which the goods
are delivered to him or order or to bearer,
or which has been Endorsed to him IN
blank by the person to whom delivery was
| promised BY the terms of the receipt or by
his mediate or immediate ndorsee.
Section 1684m-11. Where warehouse
man delivers the goods to one who is not
| in fact lawfully entitled TO the possession
| Of them, the warehouseman shall be liable
| as for conversion to all having right OF
1 delivered the goods otherwise than as author
| lied by subdivisions 81 and go of the
4 preceding section and though he delivered
| the goods as authorized by. sad subdivis-
| ions he shall be so Table, If prior to such
! delivery he had either
"a Been requested, by or on behalf OF
| the person lawfully entitled TO a right of
| property or possession in the goods, not
to make such delivery. or ,,
/ ~ Had Information that the delivery
about to be made was to one not lawfully
! entitled to the possession Of the goods:
Section 1es4m-12: Except as provided
man delivers goods for which he had issued
4 a negotiable receipt, the negotiation Of
| which would transfer the right to the pos
4 session of the goods and fails to take up
and cancel the receipt, he shall be liable to
| any one who purchases for value Ia good
! faith such receipt, for failure to deliver the
/ goods to him, whether such purchaser &C.
4 qured title to the receipt before or after
the delivery of the goods by the warehouse
| man.
Section 16s4m--13. Except as provided
! In section 16S4m-37, where warehouse
| man delivers part of the goods for which
he had issued negotiable receipt and falls
| either to take up and cancel such receipt,
| or TO place plainly upon 1t a statement OF
| what goods or packages have been deliv-
| ered he shall be liable to any one. who pur-
olno P1F Iv1o IN 70 h oh
| for failure to deliver all the goods specified
| In the receipt whether such purchaser &C
/ quired title to. the receipt before or after
the delivery or any portion of the goods
1 by the wareh0usemGn
| Section 1684m-14. l. The alteration Of
EeesR sh ssued P0 irons a dhs aby
| such alteration was
~ Immateriai, go
(2) Authorized or
(8) Made without fraudulent intent
2. If the alteration was authorized, the
| warehouseman shall be liable according to
3f fns essf e bp made
out fraudulent intent, the warehouseman
| shall be liable according to the terms Of
3. Material and fraudulent alteration Of
| receipt shall not excuse the warehouse
man who issued 1t from liability to deliver,
| according to the terms of the receipt as
| originally issued, the goods for which 1t
| was issued, but shall excuse him from any
other liability to the person who made the
notice Of the alteration. Any purchaser of
| the receipt for value without notice of the
| alteration shall acquire the same rights
against the warehouseman which such pur-
! chaser would have acquired If the receipt
| had not been altered at the time OF the
| purchase. EsS
| Bile receipt has been lost or destroyed, q
court of competent Jurisdiction may order
| the delivery of the goods upon satisfactory
proof of such loss or destruction and upon
piVinD nj q wi uffipipDf q
| to be approved by the court to protect the
| warehouseman from any liability or -ex-
such delivery may ineur BY reason Of the
| original receipt remaining outstanding. The
| court may also in it's discretion order the
| payment Of the warehouseman'S reasonable
| costs and counsel fees r
2. The delivery of the goods under an
| order Of the court as provided in this sec
| from liability. to a person to whom the ne
| gotiable receipt has been or shall be ne
| gotiated for value without notice Of the
| proceedings or of the delivery of the goods.
Section 1684m-16. receipt upon the
| face of which the word duplicate Is plain
| ly placed is q representation and warranty
| an accurate copy of an original receipt
! properly issued and uncancelled at the date
! of the issue of the duplicate. but shall Inn
| pose upon him other liability. i
/ Section 1684m--17. No title or right to
! the possession Of the goods, on the part
| of the warehouseman, unless such title or
| transfer made by the deposition at the
/ time of or subsequent to the deposit for
| storage or from the warehouseman's Hen.
| shall excuse the warehouSeman from liabil-
| ity for refusing to deliver the goods accord
| ing to the terms of the receipt.
| Section 16S4m-1S. If more than one
! goods, the warehouseman may. either as a
| defence to an action brought against him
| for non-delivery of the goods, or as an
! original suit, whichever is appropriate. re-
| quire all known claimants to interplead.
Section 16S4m-19. If some one other
| than the depositor or person claiming under
| him has claim to the title or possession
| Of the goods, and the warehouseman has
| information Of such claim, The warehouse
man shall be. excused from liability for re-
| fusng to deliver the goods. either to the
! depositor or person claiming under him or
! to the adverse claimant. until the ware
/ houseman has had reasonable time to as
certain the validity of the adverse claim or
| to bring legal proceedings to compel all
| claimants to interplead
Section 16S4m--20. Except as provided
| in the two preceding sections and in sec
| lions 1684m--10 and 1684m-37 no right
| or title of third person shall be defence
to an action brought by the depositor Or
| warehouseman for failure to deliver the
| goods according to the terms of the re-
| ceipt
Section 16s4m-21. A warehouseman
shall be liable to the holder of receipt for
the goods Or BY the failure q the
! ROOOS TO COrFeSponu Win Tue ueSCtAptAoA
| thereof in the receipt at the time of its
| issue If, however, the goods are described
! in a receipt merely by statement OF marks
or labels upon them, or upon packages con-
| tanning them, or by statement that the
| goods are said to be goods Of a. certain,
| kind, or that packages containing the goods
| are said TO contain goods of a certain kind,
/ or by words of like purport, such state.
| ments, if true, shall not make liable the
! the goods are not OF the kind which the
| marks or labels upon them Indicate, or of
! the kind they were said to be by the de-
/ positor.
| Section 16S4m-22 warehousernan
| shall be liable for any loss or injury to the
| goods caused by his failure to exercise such
| care in regard to them as a reasonably
| eise but he shall not be liable, In the alb
! sence of an agreement to the contrary, for
/ any loss or injury to the goods which could
| not have been avoided by the exercise OF
such care. feaa
| Section 16s4m-23. Except as provided
in the following section. warehouSeman
! shall keep the goods SO far separate from
goods of the same depositor for which a
| separate receipt has been Issued, as to per-
! NIT at all times the Identification and re-
| delivery of the goods deposited.
/ Section 16S4m-24. If authorized by
/ agreement or by custom, a Warehouseman
/ may mingle fungible goods with other goods
I of the same kind and grade In such case
4 shall own the entire mass In common, and
/ each depositor shall be entitled to such por-
/ ton thereof as the maunt deposited by him
i bears to the whole.
| Section 16S4m-25. The warehouseman
| shall be severally liable to each .depositor