Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-07-21


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
t3l A person in possession of a negotia
bic 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 16S4m-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 a right of
property or possession In the goods + he
delivered the goods otherwise than author
preceding section and though he delivered
the goods authorized by sa q subdfyis
ions he shall be liable If prior to such
delivery he had either
III Been requested, By behalf OF
the person lawfully entitled TO right of
property possession in the goods. not
70 make such delivery. or
(2l Had Information that the delivery
about to be made was TO one not lawfully
entitled to the possession of the goods.
in Section Section Except as
man delivers goods for which he bad issued
negotiable receipt, the negotiation OF
which would transfer the right to the pos
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
CURED title to the receipt before or after
the delivery of the goods by the warehouse
man.
Section 16s4m-18 Except as provided
In section 16S4m-8T where a warehouse
man delivers part of the goods for which
he bad issued q negotiable receipt and fails
either to take up and cancel such receipt
or to place plainly upon II statement OF
what goods or packages have been deliv-
chases for value In good faith such receipt,
for failure to deliver all the goods specified
In the receipt. whether such purchaser &C
qulred title to the receipt before or after
the delivery of any portion of the goods
by the warehouseman
Section I6S4m-I4. l. The alteration Of
man who issued It from any liability Il
such alteration was
"a Immaterial,
(2) Authorized or
(8) Made without fraudulent intent
2. If 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 they were before alteration.
8. Material and fraudulent altera ton of
receipt shall not excuse the warehouse
man who issued II from liability to deHver,
originally issued, the goods for which 1t
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 warehousemaD which such pur-
chaser would have acquired If the receipt
had not been altered at the time Of the
purchase.
Section l684m-15 l. Where q negotia-
BILE receipt has been lost or destroyed. a
court of competent jur sdictioD may order
the delivery of the goods upon satisfactory
proof of such loss or destruction and upon
the giving of a bond with sufficient suretes
to be approved BY the court TO protect the
warehouseman from any liability or ex-
pense, which he or any person injured
by such delivery may incur by reason of the
original receipt remaining outstanding The y
court may also In its 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
got.able receipt has been or shall be ne
gotiated for value without notice of the
Section 16S4m-16. receipt upon the
face of which the word duplicate is plain
ly placed Is representation and warranty
by the warehouseman that such receipt is
an accurate copy of en- original receipt
properly Issued and uncancelled at the date
Of the issue Of the duplicate. but shall Inn
pose upon him no other liability.
Section 16s4m-17 No title or right to
the possession Of the goods on the part
Of the warehouseman, unless such title or
right Is derived directly Indirectly from
a transfer made by the depositor at the
time OF or subsequent to the deposit for
storage. or from the warehouseman's lien,
shall excuse the warehouseman from liabll-
lty for refusing to deliver the goods accord
ing to the terms of the receipt.
Section l6S4m-1S. II more than one
person claim the title possession of the
goods, the warehouseman may. either as
defence to an action brought against him
for non delivery of the goods, or as an
ouire ell known claimants to lnterplead
Section 16s4m--19. If some one other
than the depositor or person claiming under
him has a claim to the title. or possession
Of the goods and the warehouseman has
Information of such claim. the warehouse
ans to be the goods ehey 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 lnterplead.
Section 1es4m2o Except as provided 70 sss
lions 16s4m-10 and 16s4m-37. no right
or title of third person shall be defence
to an action Droug oy fne tSs
warehouseman for failure to deliver the
goods according to the terms of the re-
ceipt
shall be liable TO the holder of a receipt for
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 receipt merely by a statement of marks
or labels upon them or upon packages con-
tanning them, or by statement that the
goods said to be goods OF q certain
kind. or that packages containing the goods
are said to contain goods of q 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 reasonably
careful owner Of similar goods would exer-
else but he shall not be liable, IN the ab-
seuce of an agreement to the contrary. for
any loss or injury to the goods which could
not have been avoided by the exercise OF
Section 16s4m-23 Except as provided
in the following section. warehouseman
shall keep the goods so far separate from
goods of other depositors. and from other
goods of the same depositor for which
separate receipt has been issued as To per
NIT at all times the Identification and re-
delivery of the goods deposited
Sect on i6S4m-24. IL authorized by
agreement by custom, warehouseman
Of the same kind and grade In such case
the various depositors of the mingled goods
shall own the entire mass In common and
each depos tor shall be entitled to such por-
ton thereof as the maunt deposited by him
bears to the whole.
Section 16s4m-25. The warehouseman
shall be severaly liable to each depositor
for the care and re-delivery of his share
of such mass to the same extent and under
the same circumstances as If the goods had
been kept separate.
Section 16S4m-26 Whenever the failure
or neglect of any warehouseman to comply
with any proVis on of this act shall cause
bonseman shall be liable to respond in dam
ages to such person 10 the extent OF the