The Palatka news and advertiser., 1917-07-27
Page Twelve

for failure to deliver the goods to him, wheth
such purchaser acquired title to the receipt b
fore or after the delivery of the goods by Il
warehouseman.
Sec. H. Negotiable Receipts Must Be Ca
celled or Marked When Part of Goods Delive
ed.-Except as provided in Section 36, whei
a warehouseman delivers part of the goods ft
which he had issued a negotiable receipt an
fails either to take up and cancel such r.
ceipt, or to place plainly upon it statement c
what goods packages have been delivered
he shall be liable to any one who purchases fo
value in good faith such receipt, for failur
to deliver all the goods specified in the IT
ceipt, whether such purchaser acquired It'll
to the receipt before or after the delivery @
any portion of the goods by the warehouse
man.
Sec. 49, Altered Receipts.-The ateratio
of receipt shall not excuse the warehouse
man who issued it from any liability if sue
alteration was
(a) 1mma terial.
(b) Authorized, or
(c) Made without fraudulent intent.
II the alteration was authorized the ware
houseman shall be liable according to tn
terms of the receipt as altered. If the altera
ton was unauthorized, but made withou
fraudulent intent, the warehouseman shall b.
liable according to the terms of the receip
as they were before alteration.
Material and fraudulent alteration of re
ceipt shall not excuse the warehousenlan who
issued from liability to deliver, according tc
the terms OF the receipt as originally ISSUED
the goods foF wIlch II was iSsuea, out shal
person who made the alteration and to any
person who took with notice of the alteration
Any purchaser of the receipt for value without
Iotlce ol the aitel dt,oil Sian tnS sa,as
purchaser would have acquired if the receipt
had not been altered at the time of the pur'
chase.
sec. IA: Lost or DeStroyeq receipts Nngre
nes1''aoIe Ieee'pt mas pten '?s. y; ne
stroyeu, Gou't oi colipetIil Juiisu'ot,oli ,,!I
may order the delivery OF the goods upon
satlSlactGf! proc! Oh sucn loSs u uestluI, IN
t@lon @ alIu upon 'he sNihe vi ooiiu wiz.
suincleht suttues 10 pe dpploteu ny tle IN IN:
10 pIotect ne "siIusssial ni, len N 'io any lsO;,, IN
y or expense "mch ne vi any person III.
Jlrea by smch uenyety may incur py reTSUr
OF tHe oriSinal receipt remaining ou'slaui.is
The court may also IN its discretion order the TIE
payment OF tHe wareHouSeH'ah feasoHaole
costs ana couhSe! ices
lhe delivery OF the goods under an order ,
ol the CouFt as ploEiueu IN .'is seCt.3ti s.ia
not feHeNe tHe "dIel,ouSelldli iioih nanny 70
person 10 "hom tne nesotldole iecelPt nas
peen or shaIl De neg9;nated 1or Va,ue E, Mi!lou.
NOTICE OF the proceedings or OF the dehVery
OF the gooI$ o,. ,
sec. To- Erect OF D4phcate kecelp's re-
celpt upon me iace OF Thich the word au,
plieate plany paced IS reprtSei.tatioi,
and warranty by the "drenousenldll !nat SuCh
receipt is an accurate copy OF an original re-
ceipt properly issued and uncancelled at me
aate OF the issue OF the duphcate' out snail
impose upon MIN no other nanny ~.
Sec 10. Narehouseman Cannot Set up IL
Tie IN hlnseH'--No utle or rlsnt 70 the pos
session OF the goods on t!e part OF tne ware
houseman, unless suGn titIe or r1ght is ae.
rived directly or indirectly from transfer
made by the depositor at the time of or sub.
sequent to the deposit for storage, or from
the ,warehouseman's lien; shall excuse the
Warehouseman from liability tor refusing to
deliver the goods according to the terms OF
the receipt
Sec. IL, interpreter OF Adverse Claimants.
Ii more than one person claims the title
or possession OF the goods the warehouseman
may, either as defense TO an acton brought
against MN 1or non-dehVery OF the goods
or as an original SUIT whichever is appro'
pirate, require all known Claimants 10 inter
plead.
Sec. Is. Marehouseman has Reasonable
lime to determine validity OF CLAIMS
II some one other tfian tne depoSitor or per
son claiming under him has a claim to the
title or possession. OF the goods, and the
warehouseman has information of such claim,
the warehouseman shall be excused from LA.
billty tor refusing to deliver the goods. either
to the deposltor or person claiming under
him, or TO the ADVERSE clainaht, u1ti the
Warehouseman has had reasonable tune to
accertain the validity OF the adverse claim
or to bring legal proceedings TO compel all
claimants to lnterplead;
sec; -. AaveTe !itle IS NO Defense TX,
cept AS Above Provided.-EXcept as provided
in the two preceding sections, and in Sections
> and 50, nc, right or title OF third person
snail be a defense to an action brought by
the. depositor or person claiming under him
against the warehouseman for failure to de.
liver the goods according to the terms OF
the receipt
Sec 70 Liability Tor Non'kXishnce or
Mlsdescrlptlon OF Goods.-A warehouseman
G,hal be liable to the holder of receipt for
damages caused by the non.eXistence OF the
goods or BY the failure OF the goods to cor
respond with the description thereof IN the
receipt at the time OF Its issue. H. however,
the goods are described IN a receipt merely by
statement OF marks or LABELS upon them, or
upon packages containing them, or by state.
ment tha: the goods are said to be goods OF
a certain kind, or that the packages contain
ing the gooI' are SAID to contain goods OF
certain kind, or by words of like ,purport
such statements, II true, shall not make liable
the warehouseman issuing the receipt, al
though the goods are not OF the kind which
the marks or labels upon them indicate, or
OF the kind they were said to be by the
depositor
Sec Il. Liability Tor Care OF Goods-A
"arehouseman snail be liable Tor any loss or
injury to the goods caused by his failure
10 exercise such care IN regard to them as
a reasonably careful owner OF similar goods
would exercise, but he shall not be liable. in
:he absence OF an agreement to the contrary,
or any loss or INJURY to the goods which
,ould not have been avoided by the eXer.
use OF such care.
sec. .. GOODS Must be Kept Separate
Except as provided IN the following section
warehouseman shall keep the goods SO far
eparate from goods OF other depositors and
rom other goods OF the same depositor for
yhlCl d separate recent has been issued.