The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

titled to delivery by the terms of non
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
(S) person In possession of 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 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 Il he
delivered the goods otherwise than as author
lied By subdivisions 90 and 30 OF the
preceding section and though he delivered
the goods as authorized by sa d subdiyts-
ions he shall be so liable, if prior to such
delivery he had either
ca Been requested. by or on behalf OF
property or possession In the goods. not
to make such delivery, or
(2) Had Information that the delivery
about to be made was TO one not lawfully
Section l6S4m-l2 Except as provided
man delivers goods for which he had issued
negotiable receipt. the negotiation of
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-
quired title to the receipt before or after
the delivery of the goods by the warehouse
man.
Section l6s4m-13 Except as provided
In section 16S4m-37. where warehouse
man delivers part OF the goods for which
he had issued .negoti liable receipt and fails
either to take up and. cancel such receipt,
or to place plainly upon It statement or
what goods or packages have been deliv-
cred, he shall be liable to any one who pur
chases for value In good faith such ecelpt,
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.
a receipt shall not excuse the warehouse.
man who Issued It from any liability IL
such alteration was
~ Inmaterial,
(8) Made without fraudulent intent.
2. II the alteration was authorised, the
warehouseman shall be liable according to
the terms Of the receipt as altered II the
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 it from liability to deliver,
according to the terms of the receipt as
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
alteration shall acquire the same rights
against the warehouseman which such pur-
chaser would have acquired IL the receipt
had not been altered at the time of the
Section 1684m-15. 1. Where a negotia-
BILE receipt has been lost or destroyed. q
court Of competent jurisdiction may order
the delivery of the goods upon satisfactory
proof of such loss or destruction and upon
the giving Of q 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 Its discretion order the
payment Of the warehouseman's reasonable
2. The delivery of the goods under an
order Of the court as provided In this Sec
ton shall not relieve the warehouseman
got!able receipt has been or shall be ne
gotiated for value without notice OF the
proceedings or Of the delivery of the goods.
Section 16S4m-16. A receipt upon. the
iy placed Is representation and warranty
by the warehouseman that such receipt Is
an accurate copy OF an original receipt
properly Issued and uncancelled at the date
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 or indirectly from
q transfer made by the deposition at the
time OF or subsequent to the deposit Tor
storage, or from the warehouseman's lien,
shall excuse the warehousemaD from iiabil-
lty for refusing to deliver the goods accord,
ing to the terms Of the receipt.
Section l6S4m-1S. If more than one
kt.o
goods, the warehouseman may. either as a
defence to an action brought against him
for nen-delivery Of the goods. or as an
original suit, whichever Is appropriate, re-
ouire ell known claimants to tnterplead
Section 16S4m-19. II 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 mas
man shall be excused from liability for re-
fusng to deliver the goods either to the
depositor or 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.
In the two preceding sections and in sec.
lions 16S4m-10 and 16S4m-37. no right
or title of a third person shall be defence
person claiming under him against the
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
damages caused by the non-existence OF
the goods or by the failure of the
goods to correspond with the description on
issue. IT, however the goods are described
In a receipt merely by a statement of marks
or labels upon them. or upon packages CON
tanning them. or by q statement that the
p0ndS said hq goods of certain
kind, or that packages containing the goods
are said to contain goods of certa IN kind,
or by words of like purport; such state e.
warehousemaD Issuing the receipt although
the goods are not Of the kind which the
marks or labels upon them indicate, or or
the kind they were said to be by the de-
Section 16s4m-22 warehouseman
shall be liable for any loss OF 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
such care.
Section les4m-23. Except as provided
in the following section, warehouseman
shall keep the goods far separate from
goods of other depositors. and from other
goods of the same depositor for which a
separate receipt has been Issued, az TO per
nit at all times the ldentlncatiOn anu re-
delivery Of the goods deposited.
Section 16S4m--24 II authorized by
agreement or by custom, warehonseman
may minge 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 mauDt deposited by nlm
bea rs to the whole.
Section l6S4m-25 The warehouseman
shall be severally liable to each depositor
for the care and re-deIivery Of his share
Of such mass to the same extent and under
the same circumstances as if the goods had