Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1909-07-08

f2) 4 person who is either himself en-
81 df fceGf Gy de f6F fSe q Goods
! who has written authority from the person
| 80 entitled either Endorsed upon the re
| ceipt or written upon another paper. or
49, a person In possession of 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 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 49, Of the
| the goods as authorized by So d subdtvts-
! ions he shall be so liable, If prior TO such
! delivery he had either
| the person lawfully entitled TO right OF
| property possession in the goods, not
| TO make such delivery or
| ~ Had information that the delivery
! about TO be made Was 70 one not lawfully
entitled to the possession Of the goods;
Section section Except PeSgydsd
| man delivers goods for which he had issued
/ q negotiable receipt. the negotiation Of
| which would transfer the right to the pos
! and cancel the receipt, he shall be liable to
! any one who purchases for value in good
l t.,
! goods. to him. whether such purchaser ac-
| quired title to the receipt before after
| the delivery Of the goods by the warehouse
| man.
| Section 1684m-18 Except as provided
| in section 16S4m-S7, where a 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 It a statement OF
! what goods or packages have been deliv-
| cred he shall be liable to any one who pur-
faith receipt.
| for failure to deliver ali 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. 1. The alteration Of
| a receipt shall not excuse the warehouse.
| man who Issued 1t from any liability II
| such alteration was
q Immaterial,
~ Authorized or
(8) Made without fraudulent intent
2. If the alteration was authorized, tina
| warehouseman shall be liable according TO
| the terms of the receipt as altered. II 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 1t 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
| 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. / Where negotta-
| bic 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 a bond with sufficient suretfes
! 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 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
! gotlable receipt has been or shall be ne
! gottated for value without notice Of the
proceedings of the delivery of the goods.
Section 16S4m-16. 4 receipt upon the
! face of which the word duplicate is plain
/ ly placed is a representation and warranty
! an accurate copy Of an original receipt
properly Issued and uncRncelled 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
! Of the warehouseman, unless such title or
/
transfer made by the depOsitor at the
! time Of or subsequent 20 the deposit for
/ storage, or from the warehouseman's Hen,
shall excuse the warehouseman from liablI-
! ty 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
! 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 l6S4m-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
! man shall be excused from liability for re-
fusng to deliver the goods either to the
| depositoT person claiming under him or
/ to the adverse claimant. until the ware
! hoUseman has had a reasonable time to as
! certain the validity Of the adverse claim or
! to bring legal proceedings TO compel all
claimants to interplead.
Section 1684m-.2O Except as provided
! In the wo preceding sections and in sec
! lions 1084m-10 and 16S4m-3T. no right
| or title Of a 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 q receipt for
the goods or by the failure Of the
! thereof in the receipt at the time Of its
| Issue. If, however, the goods described
! in receipt merely by a statement of marks
! or labels upon them, or upon packages con-
! tanning them. or by a statement that the
I goods are said to be goods of a 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
Iaents, if true. shall not make liable the
Varehouseman issuing the receipt, although
! the goods not Of the kind which the
marks or labels upon them indicate, of
| the kind they were said to be by the de-
Section 16S4m-22 warehousemsn
| 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
/ not have been avoided by the exercise OF
Section 16s4m-c3. 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 deposition 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 16S4m-24. If authorized by
| agreement or by custom. warehouseman
| OF the same kind and grade. In such case
| the various depositors of the mingled goods
| shall own the entire mass N 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 seyerally liable TO each deposltor
| for the care and re-delivery Of his share
| of such mass to the same extent and under
! the same circumstances as II the goods had
| been kept separate.
| Section I6S4m-26 Whenever the failure
| or neglect of any warehOuseman to comply
! with any provision of this act shall cause