Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-07-15

| neSOtlaD1e receipt issued Tor the goods, or
| who has written authority from the person
/ so entitled either Endorsed upon the re-
ceipt or written upon another paper, or
CD person in possession, of a negotia-
! bic receipt by the terms of which the goods
are delivered to him or order or to bearer,
i 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 indorsee.
Section 16s4m-11. Where warehouse
man delivers the goods to 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 if he
/ delivered the goods otherwise than as author
/ lied by subdivisions 90 and CD of the
/ preceding section and though he delivered
| the goods as authorized by said subdvis-
! ions he shall be liable, if prior to such
! delivery he had either
| % Been requested. by or on behalf Of
| the person lawfully entitled to right of
| property possession in the goods, not
| to make such delivery or
| 90 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 provided
in section 16s4m-37, where warehouse,
| 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
| goods to him, whether such purchaser ac-
| 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 fails
either to take up and cancel such receipt
or to place plainly upon it a statement Of
| what goods or packages have been deliv
| cred, 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
recent whether
| 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
| receipt shall not excuse the warehouse
| man who issued it from any liability if
such alteration was
% Immaterial
90 Authorized, or
90 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 warei1ouseman
| shall be liable according to the terms Of
| the receipt as they were before alteration.
| 3. Material and fraudulent alteration of
| a receipt shall not excuse the warehouse
man who issued it from liability to deliver,
| according to the terms of the receipt as
| 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
| 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
| Section 16S4m-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
proof Of such loss or destruction and upon
| the giving of bond with sufficient sureties
| to be approved by the court to pro, 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
| court may also in it's discretion order the
| payment of the warehousemans 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
| proceedings or of the delivery of the goods
| Section 1684m-16. A receipt upon the
| face of which the word duplicate" is plain
| ly placed is a representation and warranty
| by the warehouSeman that such receipt is
| an accurate copy of an original receipt
! properly issued and uncancelled at the date
F., of the issue of the duplicate. but shall i'm
| pose upon him no other liability
the possession of the goods, on, the part
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 warehousemans lien,
| 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
| person claim the title or 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
original suit, whichever is appropriate. re-
| quire all known claimants to interplead
| Section 16S4m-19. If some one other
4ha al i1aiT1
| him has a 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
| depostor or person claiming under him or
| to the adverse claimant, until the ware
! 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 16S4m-10 and 1684m-37. no right
Or title of a third person shall be defence
| warehouseman for failure to deliver the
| goods according to the terms OF the re-
| ceipt
| Section 1e84m-21. warehouseman
! shall be liable to the holder of receipt for
| damages caused by the non-existence OF
the goods or by the failure aL of the the
/ thereof in the receipt at the time Of it's
| issue If however the goods are described
| in receipt merely by statement of marks
| or labels upon them, or upon packages con-
| tanning them, by a 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 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 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. A warehouseman
| shall be liable for any loss or injury to the
| care in regard to them a reasonably
| careful owner Of similar goods would exer-
| else, but he shall not be liable, in the alb
| sence of an agreement to the contrary, for
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
| goods of other depositors, and from other
goods of the same depositor for which a
separate receipt has been issued, as to per-
| nit at all times the identification and
delivery of the goods deposited.
| Section 16S4m-24. If authorized by
may mngle fungible goods with other goods
! 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 depositor shall be entitled to such por-
ton thereof as the maunt deposited by him
| bears to the whole.
| Section 16S4nr-25 The warehouseman
shall be severally liable to each depositor
for the care and re-delivery of his share
| of such mass to the same extent and under
been kept separate.
Section 1684m-26 Whenever the failure