The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15


50 entitled either Endorsed upon the re
ceipt written upon another paper or
90 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 tndorsed to him IL
| blank by the person TO whom delivery wa'
promised by the terms of the receipt or b,
| HI, mediate or immediate iDdorsee.
Section 16S4m-l1. 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
I delivered the goods otherwise than rs author
| lied hy subdivisions ~ and t3l of the
| preceding section aud though he delivered
! the goods as authorized by said suhdvis.
! 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
| ON Had Information that the delivery
! about TO be made was 10 one not lawfully
! entitled 10 thn possession of the goods.
| Section 1GsIm-l2 Except as provided
! I'm section 1GS4m 81. 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 10 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-
quired title to the receipt before or after
the delivery Of the goods by the warehouse
man.
Section 1Gs4m-13. Except as provided
In section 1GS4m-37, where a warehouses
man delivers part of the goods for which
he had issued negotiable receipt and falls
either TO take up aud cancel such receipt,
or to place plainly upon 1t statement Of
what goods or packages have been delv-
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
n IN uh thar mn rob IN r.
CURED title to the receipt before or after
the delivery of any portion OF the goods
by the warehouseman.
Section 1GS4m-14. l, The alteration OF
a receipt shall not excuse the warehouse
man who issued It from any liability II
such alteration was
a. Immaterial
~ Authorized, or
49, Made without fraudulent intent
. II the alteration was authorized. the
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.
3. Material and fraudulent alteration Of
a receipt shall not excuse the warehouse
man who Issued 1t from liability to deliver,
according 10 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
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 tine Of the
purchase.
Section 16stm-15 /. Where negota-
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 ana upon
the giving OF bond with sufficient sureties
TO be approved Ivy the court to protect the
warohouseman 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 its discretion order the
payment of the warchousemans 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 warehouscman
from liability to person to whom the ne
gotlable receipt has been or shall be ne
Fotiated for value without notice of the
proceedings or of the delivery of the goods
Section 16Slm-l6. 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 uncanceled at the date
OF the issue Of the duplicate. but shall i'm
pose upon him no other liability.
Section 18S4m-l7 No title or right TO
the session Of the goods, on the part
Of the warehouseman, unless such title or
right is derived directly or indirectly from
IA 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-
tty for refusing to deliver the goods accord
ing TO the terms Of the receipt.
Section l6Stm-fS. If more than one
person claim the title or possession Of the
goods, the warehouseman may, either as a
defence 10 an action brought against him
for non-deliyery Of The goods, or as an
original suit whichever is appropriate re-
quire all known claimants to interpead.
Section 1BS4m-19. If some one other
than the depDsitor or person claiming under
him has Il claim TO the title or possession
of the goods, aud the warghouseman has
Information Of such claim, the warehouse
man shall be excused from liability for re-
fuslng 10 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 10 interplcad.
section 16Sim 30. Except as provided
IN the two preceding sections and in sec
tious 1Gs4m--l0 aud 16stm-3T. no right
title of a third person shall be defence
to an action brought by the depositor or
person claiming under him against the
goods according to the terms Of the
ceipt.
Section 1Gs4m-21 A warehouseman
shall be liable TO the holder Of n receipt for
N'"-'f - '"""'u ~ W hNii 'NiS't'l' Z Va
the goods or by me nature or the
goods 10 correspond win the description
thereof in the receipt at the time Of its
issue IT. however the goods are described
IN q receipt merely ny Il statement OF marks
or labels upon them, or upon packages con
tanning them, or by Il statement that the
goods are sald 10 be goods or a certain
klrd, or that packages containing the goods
are said to contain goods OF a certain KIND,
or by words or IKE purport, such state
ments, If true, shall not make liable the
Warehouseman Issuing the receipt although
the goods of the Kind which the