Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-08-13

% The person lawfully entitled to the
possession Of the goods. or his agent
~ A person who is either himself en-
titled to delivery by the terms of a non
negotiable receipt issued for the goods or
who has written authority from the person
ceipt or written upon another paper or
49, 4 person in possession of a negotia-
be receipt by the terms of which the goods
are delivered to him or order or to bearer,
or which has been Endorsed to him or in
blank by the person TO whom delivery was
promised by the terms of the receipt or by
his mediate or immediate indorsee
Section 16S4n-11. Where a 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
property or possession in the goods if he
delivered the goods otherwise than as author
lied by subdivisions ~ and t3) of the
the goods as authorized by said subdivis-
ions he shall be so liable, if prior to such
delivery he had either
% 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
(2) Had information that the delivery
about to be made was to one not lawfully
entitled to the possession of the goods
Section 16S4m-12 Except as provided
in section l6S4m-37, where a warehouse
man delivers goods for which he had issued
a negotiable receipt, the negotiation of
which would transfer the right to the DOS
session 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 failure to deliver the
goods to him, whether such purchaser ac-
CURED title to the receipt before or after
the delivery of the goods by the warehouse
man.
Section 1684m-13. Except as provided
in section l6S4n-37 where a warehouse
man delivers part Of the goods for which
he had issued negotiable receipt and fails
either to take up and cancel such receipt,
what goods or packages have been deliv-
ered he shall be liable to any one who pur-
chases for value In good faith such receipt,
for failure to deLiver all the goods specified
CURED title to the receipt before or after
the delivery OF any portion Of the goods
by the warehouseman.
Section 16S4m-14. 1. The alteration Of
a receipt shall not excuse the warehouse
man who issued it from any liability il
such alteration was
ID Immaterial,
(2) Authorized
(3) Made without fraudulent intent
2. Ii the alteration was authorized the
warehouseman shall be liable according to
the terms of the receipt as altered. If the
alteration was unauthorized, but made with
out fraudulent intent, the warehouseman
shall be liable according to the terms of
the receipt, as they we're before alteration.
3. Material and fraudulent alteration OF
receipt shall not excuse the warehouse
man who issued it from liability to deliver,
according to the terms of the receipt
originally issued, the goods for which it
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 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.
Section 1684m-15 l. Where a negotia-
Bile receipt has been lost or destroyed,
court OF competent jurisdiction may order
the delivery of the goods upon satisfactory
the giving of bond with sufficient sureties
to be approved by the court to protect the
warehouseman from any liability or ex,
pense which be or any person injured
by such delivery may incur 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.
2. The delivery of the goods under an
order of the court as provided In this Sec
ton shall not relieve the warehouseman
from liability to 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. A receipt upon the
face Of which the word duplicate" is plain
~ placed is representation and warranty
by the warehouseman that such receipt is
properly issued and uncancelled at the date
of the Issue Of the duplicate. but shall i'm
pose upon him no other liability.
the possession Of the goods, on the part
of the warehouse man, unless such title or
right is derived directly or indirectly from
q. transfer made by the depositor at the
time of subsequent to the deposit for
storage, from the warehouseman's lien,
shall excuse the warehouseman from Labll-
iity for refusing to deliver the goods accord
ing to the terms Of the receipt.
Section 16S4m-1S. If more than one
person claim the title or possession Of the
goods, the warehouseman may, either as a
defence to 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.
than the depositor or person claiming under
him has q 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-
fusing 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.
in the two preceding sections and in sec
tons 16S4m-10 and 16S4m---37, no right
or title of a third person shall be defence
to an action brought by the depositor or
person claiming under him against the
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
damages caused by the non-existence of
the goods or by the failure OF the
goods to correspond with the description
thereof in the receipt at the time OF it's
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, by a statement that the
goods said to be goods OF 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
warehouseman issuing the receipt, although
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.
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
careful owner OF similar goods would exer-
else, but he shall not be liable, in the abb
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
Section 16s4m-23. Except as provided
in the following section, warehouseman
shall keep the goods so far separate from
o,,1 1tb pr