St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

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Whichever is IS appropriate, require all known
claimants to interplead.
Sec. 1s.-(WAREHousEMAN las REAs-
ONABLE TIME TO DETERMINE vALIDI-
TY OF CLAIMS) 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 informa-
be excused from liability for refusing to de-
person &C, Claiming ming under edenei him ~ or s"t to d the adverse Sc
claimant, until the warehouselman has had
a reasonable time to ascertain the validity
c%eedings to compel all claimants to inter-
plead.
rE Sec; 1q n7{N9y SN TIL. T5TLE tso No Pc
lions and in sections 5 and Ks, no right or
title Of a third person shall be q defense to
son claiming under him against the ware
houseman for failure to deliver the goods
according to the terms of the receipt.
TENcE OR M1sDEscR1PTloN OF GooDs:)
a warehouseman shall be liable to the hold
er Of q receipt for damages caused by the
of the goods to correspond with the descr1p-
ton thereof in the receipt at hte time Of its
issue. If, 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 a statement that the
SCOuS are Sdlu | Uc SOOuS OIL Il CeFlulN kllu
or that the packages containing the gooos
are said to contain goods Of a certain kind.
or by words of like purport, such statements,
if true. shall not make liable the warehouse
are not of the kind which the marks or
taesis ve ap0n said tha tn be- ,nq bic the Or aepe ef 1ne KIND
Sec. 21.-IIABILITY FOR CARE OF
GOODS.) A warehousen,an shall be liable
for any loss or injury to the goods caused
gard to them as a reasonably careful owner
of similar goods would exercise. but he shall
not be liable. in the absence Of an agree
to the goods which could not have beer,
aveided by the exercise Of such care; .,n
ARATE? Except as provided in the follow
ing section, a warehouseman shall keep the
goods so far separate from goods Of other de-
depositor for which a separate receipt has
been issued. as to permit at all times the
Identification and re-deliverdy Of the goods
coMMINGLED.. IF WAREHoUsEMAN AU-
IHoRIZED.) If authorized by agreement or
by custom, a warehouseman may lningle
fungible goods with other goods of the same
kind and grade. In such case the various
the entire mass in common and each shA. deposit
as the amount deposited by him bears to the
whole.
NAN TO ~DEPOs1TORs OF CoMM1NGLED
GOODs.) The warehouseman shall be sever
ally liable to each depositor for the care and
Of his share of such mass to the
same extent and under the same circumstan-
ces as II the goods had been kept separate.
cG Sec; s2s.|r6(A A Or Levy UPoN
delivered flA to 0 a WAREHOUSE BY u tie 6soo ov aes
the title to them to a " purchaser in good Ssal1 faith
for value would bind the owner, and q nego-
table receipt is issued for them, they cannot
warehouseman, be attached by punishment
or otherwise, or be levied upon under an ex-
ecution. unless the receipt be first surrendered
Joined. The warehouseman shall in no case
be compelled to deliver up the actual pos
session Of the goods until the receipt is sur
rendered to him or 1mpounded by the court.
Sec: 26.-(CREDITORS' REMEDIES TO
REACH NEGOTIABLE RECIPTs.) A cred
BILE receipt shall be entitled to such aid from
the courts Of appropriate Jurisdiction, by in
junction and otherwise, in attaching such
thereof as is allowed at law or in equity. in
regard to property which cannot readily be
attached or levied upon by ordinary legal
Sec; 27.zWHAT CLAIMS R INCLUDED
houseman Shall have a lien on goods deposited
or on the proceeds thereof in his hands, for
all la ~ VI charges for storage and preserva-
for money advanced. interest, insurance,
transportation, labor, weighing, coopering and
o11er charges and expenses in relation to such
expenses for notice: and advertisements of
sale, and for sale Of the goods where default
has been made in satisfying the warehouse
Sec. 2s.-AGA1Nsr VIA PROPERTY
TMh to Lien H. nr MAY BE T. E SSdtf sub
houseman's lien may be enforcedA q ware
(a) Against all goods. whenever deposited.
belonging to the person who is liable as
ueotor 1or the claims In regard to which the
o.. Against all goods belonging to others
which have been deposited at any time by
claims In regard to which the lien is as
serted If such person had been so Entrusted
with the possession Of the goods that a pledge
post to one who took the goods in good
faith for value would have been valid.
Sec. 2e.-GoW THE LIEN NAY BE
(a} BY surrendering possession thereof, or
(9 BY refusing to deliver the goods when
sT See Gr ao o. J RECEIPT MUST
STATE 81. a TE 3 FOR WHICH LIEN IS
for goods, the warehouseman shall have no
lien thereon, except for charges for storag &c
receipt. unless the receipt expressly enumer-
.ates other charges for which a lien is claimed.
In such case there shall be a lien for the
1900 - 81 q d. lley T WlCQ1I
the terms of Section q. although the amount
Of the charges so enumerated is not stated in
Sec. OBSERVATION-DISCLOSURES NEED NOT
DELIVER UNTIL LIEN rs SATISFIED. y
a warehouseman having a lien valid against
the person demanding the goods may refuse
to deliver the goods to him until the lien is
satisfied.
Sec. OBSERVATION-DISCLOSURES LIEN DOES
NOT PRECLUDE OTHER REMEDIES.9
Whether a warehouseman has or has not a
lien upon the goods, he is entitled to all
his debtor, for the collection from the de-
position Of all charges and advances which
the depositor has expressly or implicitly con.
l's Sec: ss.m(s AZ MSaeaTH5s%a OF to lien Rfx; BY
sALE.)- A warehouseman's lien for a claim
which has become due may be satisfied as
follows:
The warehouseman shall give a written
notice to the person on whose account the
goods are held, and to any other person known
in the goods. Such notice shall be given by
delivery in person or by registered letter ad-
dressed to the last known place of business
notice shall contain
(a) An itemized statement Of the ware
houseman's. claim, showing the sum due at
(l A brief description Of the goods against
whioaszthe lien exists.
(c) A demand that the amount Of the claim
claim as shall accrue, shall be paid on or
before. a day mentioned, not less than ten
days from the delivery OF the notice If It is
personally delivered, or from the time when
the notice should reach IT'S destination. ac-
.cordins. to the due course of post, If the
notice is sent by mail, and
() A statement that unless the claim is
paid within the time specified the goods will
be advertised for sale and sold BY auction
at a specified time and place.
In accordance with the terms of a notice
so given. a sale Of the goods by auction
the warehouseman for which he has a lien on
the goods. The sale shall be had in the place
where the lien was acquired, or, If such
place is manifestly unsuitable for the our