The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-05

II Sec 10. The alteration of re-
ceipt shall not excuse the warehouse
man who issued 1t from any liability
if such alteration was
(a) Immaterial,
(b) Authorized, or
Co Made without fraudulent in
tent
If the alteration was authorized,
the warehouseman shall be liable ac-
cording to the terms of the receipt
as altered If the alteration was UNI
authorized, but made without fraudu-
lent intent, the warehouseman shall
be liable according to the terms of
the receipt, as they were before al
teration.
Material and fraudulent alteration
of receipt shall not excuse the ware
I houseman 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 LA
bility to the person who made the al
| iteration 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 purchaser
would have acquired II the re-
J ceipt had not been altered at the time
of the purchase.
Sec. IA. Where a negotiable receipt
| has been lost or destroyed, court
of competent jurisdiction may order
the delivery of the goods upon sat
| isfactory proof of such loss or de-
struction and upon the giving of
bond with sufficient sureties to be APP
proved by the court TO protect the
warehouseman from any liability or
expense, which he or any person in
jured by such delivery may incur by
reason of the original receipt remain
ling outstanding The court may also
| in its discretion order the payment
| of the warehouseman's reasonable
costs and counsel fees.
The delivery of the goods under an
order of the court as provided in this
section, shall not relieve the ware
/ houseman from liability to person
| to whom the negotiable receipt has
been or shall be negotiated for value
without notice OF the proceedings or
of the delivery Of the goods.
Sec IS. A receipt upon the face
of which the word duplicate" is
plainly 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
L pose upon him no other liability.
Sec 16. 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 in
directly from a transfer made by the
| depositor at the time of or subse-
quent to the deposit for storage, or
/ from the warehouseman's lien, shall
excuse the warehouseman from liabil-
! ity for refusing to deliver the goods
according to the terms of the receipt.
! Sec. II. If more than one person
claims the title or possession of the
/ goods, the warehouseman may, either
as defense to an action brought
against him for non-delivery of the
goods, or as an original suit, which
ever Is appropriate, require all known
claimants to interplead.
Sec. is. If some one other than the
I depositor or person claiming under
| him has a claim to the title or pos
session of the goods, and the ware
| houseman has information of such
claim. the warehouseman shall be ex-
cused from liability for refusing to
| deliver the goods, either 10 the de-
positor or person claiming under him
or to the adverse claimant. until the
warehouseman has had a reasonable
time to ascertain the validity of the
adverse claim or to bring legal pro
ceedings TO compel all claimants to
interplead.
Sec 49, Except as provided in the
two preceding sections and in sections
. and Sc, no right or title of a third
person shall be a defense to an ac-
ton brought by the depositor or per
son claiming under him against the
warehouseman for failure to deliver
the goods according TO the terms Of
| the receipt.
Sec. 20. A warehousemSn 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 descrip-
ton thereof in the receipt at the time
Of its issue II. however. the goods
are described in a receipt merely by
a statement of marks or labels upon
them, or upon packages containing
| them, or by a statement that the goods
are said TO be goods of a certain kind,
or that the packages containing the
goods are said to contain goods Of a
| certain kind, or by words of like pur-
port, such statements, If true. shall
not make liable the warehouseman is
suing the receipt, although the goods
are not of the kind which the marks
or labels upon them indicate, or Of
the kind they we're said to be by the
! depositor.
Sec. 81. A warehouseman shall be
| liable for any loss or injury 10 the
goods caused by his failure to exercise
such care In regard to them as n rea-
sonahly careful owner of similar
goods would exercise. but he shall not
be liable, in the absence Of an agree
ment to the contrary, for any loss or
| injury to the goods which could not
have been avoided by the exercise OF
such care.
Sec. % 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 deposit
tor for which a separate receipt has
been issued. as to permit at all times
the Identification and re-delivery Of
the goods deposited.
Sec. %. II authorized ny agree
ment OF 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