The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15

negotiable receipt issued for the goods,
who has written authority from the person
so entitled either Endorsed upon the re-
celpt or written upon another paper. or
10 person in possession of a negotia-
BILE 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 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 if he
delivered the goods otherwise than as author
lied by subdivisions (2) and 80 of the
preceding section and though he delivered
the goods as authorized by said subdivis
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 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 1684m-12. Except as provided
in section 1684m-37 where a warehouse
man delivers goods for which he had 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
ldllu SUCH receipt, 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.
in section 16S4m-37 where a warehouse
man delivers part Of the goods for which
ne had issued negotiable receipt and fails
either to take up and cancel such receipt,
or to place plainly upon it 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
in the receipt, whether such purchaser &C
quired title to the receipt before or after
the delivery of any portion of the goods
by the WarehouSeman
Section 1684m-14 l. The alteration of
receipt shall not excuse the warehouse
man who issued it from any liability if
such alteration was
CD Immaterial
(2) Authorized or
90 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 were before alteration
8. 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 as
originally issued, the goods for which it
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 ii the receipt
had not been altered at the tine Of the
purchase.
Section 16S4m-15. l. Where negotia-
BILE receipt has been lost or destroyed, a
court OF competent jurisdiction may order
dnli ynr 1EJ~
proof of such loss or destruction and upon
the giving of a bond with sufficient sureties
to be approved by the court to protect the
warehouseman from any liability or ex-
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 IT 16s4m-16. 4 receipt upon, the
iy 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
OF the issue of the duplicate but shall i'm
pose upon him no other liability.
Section 16S4m-17. No title or right to
the possession of the goods, on the part
right is derived directly or indirectly from
a transfer made by the deposition at the
time of or subsequent to the deposit for
storage, or from the warehouseman's lien
shall excuse the warehouseman from liabil-
lty for refusing to deliver the goods accord
ing to the terms of the receipt
Section 16S4m-1S. II more than one
person claim the title or possession of the
goods, the warehouseman may either as a
defence to an action brought against him
for non-delivery of the goods, or as an
orginal, suit, whichever is appropriate, re-
Quire all known claimants to interplead
Section 16S4m-19 If some one other
than the depostor or person claiming under
him has claim to the title or possession
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.
Section 1694m-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 a 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-
cept.
Section 1684m-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
thereof in the receipt at the time Of its
issue. II, however, the goods are described
in receipt merely by statement of marks
or labels upon them, or upon packages con-
tanning them, Or 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 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-
position.
Section 16S4m-22 A warehouseman
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 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
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 re-
delivery of the goods deposited
Section 16S4m-24. If authorized by
agreement or by custom, warehouseman
may mingle 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-
tion thereof as the maunt deposited by him
bears to the whole.
Section 16S4m-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
tha GO me- circumstances as if tha ooo6c had