Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

I'd HAD Information tHeat thC uOAAN
cry about to be made was TO one NOT
lawfully entitled to the possession OF
the goods. .
section II. Except as provided in
man delivers goods for which he had
issued a negotiable receipt. the negotia.
ton Of which would transfer the right
to the possession of the goods. and fails
shall be liable to any one who purchases
for value in good faith such receipt. for
= failure to deliver the goods to him,
saea SsfoTs es aeq the
cry Of the goods by the warehouseman.
Section y. Except as provided in
section thirty-six. where warehouse
man delivers part of the goods Tor
and fails either to take up ana cancer
such receipt, or to place plainly upon II
a statement of what goods or packages
have been delivered he shall be liable,
to any one who purchases for value in
good faith such receipt. for failure to
deliver all the goods specified in the
receipt, whether such purchaser &C
CURED title to the receipt before or af-
ter the delivery of any portion of the
goods by the warehouseman.
Section 10. The alteration Of receipt
issued it from any liability If such alter
alton was
(a) Immaterial,
CD Authorized. or
(C) MADE without FRAUDULENT intent.
II the alteration was authorized, the
warehouseman shall be liable according
to the terms of the receipt as altered
If the alteration was unauthorized, put
made without fraudulent intent, the
warehouseman shall be liable according
to the terms Of the receipt, as they were
before alteration.
Material and fraudulent alteration of
houseman 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 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
receipt had not been altered at the time
of the purchase.
Section L. Where a negotiable re-
ceipt has been lost or destroyed, court
of competent jurisdiction may order the
delivery of the goods upon satisfactory
proof of such loss or destruction and
upon the giving of bond with sufti-
Client sureties to be approved by the
court to protect the warehouseman from
any liability or expense, which he or
any person injured by such delivery may
incur by reason of the original receipt
remaining outstanding The court may
also in it's discretion order the payment
Oh the WarehouSeman 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 warehouse
man 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.
Of which the word duplicate" is plainly
placed Is representation and warranty
by the warehouseman that such receipt
is an accurate copy of an original re-
ceipt properly issued or uncanceled at the
date of the issue of the duplicate, but
shall impose upon him no other liability
Section Is. No title or right to the
possession Of the goods, on the part or
right is derived directly or indirectly
from a transfer made by the depositor
at the time of or subsequent to the de-
post for storage, or from the ware
housemanS lien, shall excuse the ware
houseman from liability for refusing to
deliver the goods according to the terms
of the receipt
Section II. If more than one person
claims the title or possession of the
goods, the warehouseman may, either as
a defense to an action brought against
him for non-delivery of the goods. or
as an original suit, whichever is appro-
pirate, require all known claimants to
interplead.
Section 49, If some one other than
the depositor or person claiming under
him has a claim to the title or possess
sion of the goods. and the warehouse
man has information of such claim. the
warehouseman shall be excused from
liability for refusing to deliver the
goods, either to the depositor or person
claiming under him or to the adverse
claimant, until the warehouseman has
had reasonable time to ascertain the
validity of the adverse claim or to
bring legal proceedings to compel all
claimants to interplead.
Section 10. Except as provided in the
two preceding sections and in sections
nine and thirty-six, no right or title of
a third person shall be defense to an
action 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
Section 90 A warehouseman shall be
liable to the holder of receipt for dam
ages caused by the non-existence of the
goods or by the failure of the goods to
correspond with the description thereof
in the receipt at the 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 containing them or by a state
ment that the goods are said to be
goods OF certain kind, or that the
packages containing the goods are said
to contain goods of a certain kind, or by
words of like purport, such statements,
If true. shall not make liable the ware
houSeman issuing the receipt, although
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.
Section 81 A warehouseman shall be
liable for any loss or injury to the
goods caused by his failure to exercise
such care in regard to them as a rea-
sonably careful owner Of similar goods
would exercise but he shall not be liza
BILE, in the absence of an agreement to
the contrary, for any loss or injury to
the goods which could not have been
avoided by the exercise Of such care
Section 20. 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 depositor for
which separate receipt has been is
sued. as to permit at all times the iden-
tification and re-delivery of the goods
deposited.
Section 2s. If authorized by agree
ment or 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 entire
mass in common and each depositOr
shall be entitled to such portion thereof
as the amount deposited by him bears
to the whole.
Section "a. The warehouseman shall
be severally liable to each depositor
for the care and re-delivery Of his share
of such mass to the same extent and
under the same circumstances as If the
goods had been kept separate
Section Is. II goods are deliyarad g.