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not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor.

This section imposes on the warehouseman a stricter rule than that generally in force in this country in that it makes a warehouseman liable for an innocent misdescription of the goods. See Hale vs. Milwaukee Dock Co., 23 Wis. 276; but as the warehouseman can readily protect himself by inserting in the receipt only what he knows, namely, the marks on the goods or the statements of the depositor regarding them, it seems best to make the warehouseman responsible for what he

asserts.

Section 21.-[Liability for Care of Goods.] 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 reasonably careful owner of similar goods would exercise, but he shall not be liable, 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.

This states the common law. 3 Am. & Eng. Encyc., 750. Section 22. [Goods must be Kept Separate.] Except as provided in the following section, a warehouseman shall keep the goods so far separate from goods of other depositors, and from other goods of the same depositor for which a separate receipt has been issued, as to permit at all times the identification and redelivery of the goods deposited.

As to most merchandise, of course, the warehouseman's duty is to keep the goods of each depositor separate. The following section provides for the exception to the rule.

Section 23.-[Fungible Goods may be Commingled, if Warehouseman Authorized.] If authorized by agreement or by custom, a 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.

An exceptional rule prevails in this country by custom as to grain and similar merchandise. See definition of" fungible" in Section 58.

Section 24.-[Liability of Warehouseman to Depositors of Commingled Goods.] The warehouseman shall be severally liable to each depositor for the care and redelivery of his share of such mass to the same extent and under the same circumstances as if the goods had been kept separate.

This section and the two preceding sections state the general American law.

Section 25.-[Attachment or Levy upon Goods for which a Negotiable Receipt has been Issued.] If goods are delivered to a warehouseman by the owner or by a person whose act in conveying the title to them to a purchaser in good faith for value would bind the owner, and a negotiable receipt is issued for them, they cannot thereafter, while in the possession of the warehouseman, be attached by garnishment or otherwise, or be levied upon under an execution, unless the receipt be first surrendered to the warehouseman, or its negotiation enjoined. The warehouseman shall in no case be compelled to deliver up the actual possession of the goods until the receipt is surren dered to him or impounded by the court.

If the mercantile theory of documents of title, such as bills of lading and warehouse receipts, were carried to its logical extent, no attachment of the goods represented by the document or levy upon them could be permitted while the negotiable document was outstanding. For the mercantile theory proceeds upon the assumption that a negotiable document of title represents the goods and may be safely dealt with on that assumption. For one and the same reason it is not admissible for the bailee to deliver the goods without taking up an outstanding negotiable receipt for them, and for the law to allow attachment or levy upon the goods, regardless of outstanding negotiable documents. For a similar reason the maker of negotiable notes is protected by garnishment; in most states by absolutely disallowing such garnishment and in other states by making any garnishment subject to the rights of even a subsequent purchaser for value before maturity of the paper.

Likewise by statute in some states an attachment of stock is postponed to a subsequent purchaser of the stock certificate. Clews vs. Friedman, 180 Mass. 556. So in the case of carriers, some protection against garnishment has been given. In most states, if the goods are actually in transit the carrier cannot be garnished, 14 Am. & Eng. Encyc. of Law, 810. A transfer of the bill of lading prevails over a subsequent attachment. Mather vs. Gordon, 59 At. Rep. 424 (Conn.); Robert C. White Co. vs. Chicago & C. R. Co., 87 Mo. App. 330; Union Bank vs. Rowan, 23 S. C. 339; and in Peters vs. Elliott, 78 Ill. 321, it was held that an attaching creditor of a consignor was postponed to one who bought the bill of lading subsequently.

It was thought best in this draft not to take the extreme position that no attachment, garnishment or levy could be made on property for which a negotiable receipt was outstanding, but to cover the essential practical point by making it a condition of the validity of such seizure that the negotiation of the receipt be enjoined or the document impounded. The following section expressly gives the court full power to aid, by injunction and otherwise, a creditor seeking to get at a negotiable receipt and the property covered thereby.

Section 26. [Creditors' Remedies to Reach Negotiable Receipts.] A creditor whose debtor is the owner of a negotiable receipt shall be entitled to such aid from courts of appropriate jurisdiction, by injunction and otherwise, in attaching such receipt or in satisfying the claim by means thereof as is allowed at law or in equity, in regard to property which cannot readily be attached or levied upon by ordinary legal process.

This section is to enable the court to give the fullest relief possible in making the negotiable receipt available to the creditor since the goods cannot otherwise be taken from the warehouseman's possession.

Section 27.-[What Claims are Included in the Warehouseman's Lien.] Subject to the provisions of Section 30, a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for all lawful claims for

money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman's lien.

This extends the common law, but has the precedent of other statutes, see Mohun, 37, 86, 124, 203, 215, 352, 546, 553, 706, 772, 801, 833.

Section 28.-[Against what Property the Lien may be Enforced.] Subject to the provisions of Section 30, a warehouseman's lien may be enforced

(a.) Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is asserted, and

(b.) Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted, if such person had been so entrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid.

Section 29.-[How the Lien may be Lost.] A warehouseman loses his lien upon goods

(a.) By surrendering possession thereof, or

(b.) By refusing to deliver the goods when a demand is made with which he is bound to comply under the provisions of this

act.

This section merely states the rule of the common law.

Section 30.-[Negotiable Receipt must state Charges for which Lien is Claimed.] If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed. In such case there shall

be a lien for the charges enumerated so far as they are within the terms of Section 27, although the amount of the charges so enumerated is not stated in the receipt.

This section is obviously requisite for the credit of negotiable receipts. See note to Section 2.

Section 31.-[Warehouseman need not Deliver until Lien is Satisfied.] 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.

This is the rule of the common law.

Section 32.-[Warehouseman's Lien does not Preclude Other Remedies.] Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies allowed by law to a creditor against his debtor, for the collection from the depositor of all charges and advances which the depositor has expressly or impliedly contracted with the warehouseman to pay.

This section also only restates the common law.

Section 33-[Satisfaction of Lien 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 by the warehouseman to claim an interest in the goods. Such notice shall be given by delivery in person or by registered letter addressed to the last known place of business or abode of the person to be notified. The notice shall contain

(a.) An itemized statement of the warehouseman's claim, showing the sum due at the time of the notice and the date or dates when it became due,

(b.) A brief description of the goods against which the lien exists,

(c.) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be

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