Front matter
THE LIBRARY
OF
THE UNIVERSITY
Preface To Second Edition
The plan adopted for the first edition of this work of alloting a chapter to each state, of giving in each first the laws pertaining to warehousemen followed by the decisions arranged in a series of groups each represented by a letter of the alphabet, has been adhered to in this edition. Since the appearance of the first edition the Uniform Warehouse Receipts Act has been drawn and enacted in twenty-eight states, the District of Columbia, the Philippine Islands, and Alaska. It is hardly necessary to add that the passage of the Act by the legislatures of this number of states and territories has been extremely gratifying to all those interested in warehouse jurisprudence and in the codification of commercial law.
The American Warehousemen's Association, under whose auspices the first edition of this work was issued, has in order that the publication should be continued, generously assigned to the publishers the copyright of the work.
It is the earnest hope of the author that this work may be of real service to the profession and the warehousemen of our country.
Barry Mohun.
Washington, D. C, April 15th, 1914.
Preface To The First Edition
The arrangement of this volume being very simple, I feel that few, if any words of explanation are required.
It may, however, be well to outline the uniform system of classification of decisions followed in each of the chapters. Each state is allotted one chapter, the laws being given first, the decisions afterward ; the latter are divided into a series of groups, each represented by a letter of the alphabet, and arranged in what I believe to be a logical sequence.
The subjects of the decisions found under each of the letters are as follows :
A.
Bailment ; General principles ; Kinds of ; Difterence between a iDailment and a sale; Statute of limitations.
B.
Warehousemen, their duties, rights and liabilities in general ; Public and private warehousemen ; Ordinary care ; When liability begins, when it terminates ; Disputed ownership ; Bailor's title ; Conversion, what constitutes ; Burden of proof ; Liability of directors and stockholders ; Partnership agreements, Acts of State Boards and Warehouse Commissions ; Commissions ; Procedure ; Evidence ; Pleading.
C.
Safe Deposit Boxes.
D.
Expressmen, transactions with warehousemen.
E.
I'^actors, transactions with warehousemen.
VI PREFACE.
F.
Carriers, transact idiis with warcliouscnicn and ihcir liability as warehousemen.
G.
Cunernnient bonded warehouses.
H.
Storage charges; Lien; Sale; Contracts of storage construed.
I
Segregation and commingling of stored property; Substitution of other property.
K.
Legal process against stored property.
L.
Replevin; Trover; Detinue.
M.
Property pledged with warehousemen.
N.
Loss or damage to stored property by fire, water, negligence, misdelivery, accident, theft, war, act of God; Procedure; Evidence ; Pleading.
O.
Measure of damages for loss, or damage to goods.
P.
Insurance; Insurable interest ; Warranty of "fire-proof," "frost-proof," etc. ; Contracts to keep insured.
Q.
Warehouse receipts; Definition; Requisites; Interi)retation ; When title passes; Estoppel by; Receipts of jjrivate warehousemen; Exemptions in; Guaranty; Negotiability; What constitutes a bona fide holder; As collateral; Delivery of property without
PREFACE. Vii
surrender of receipt; Special and irregular receipts; Bogus and forged receipts; Procedure; Evidence; Pleading.
R.
Bills of lading; Definition; Liability upon; Exemptions in; Negotiability; As collateral; Bona fide holder; Bogus bills of lading; Procedure; Evidence; Pleading.
S.
Customs among warehousemen as affecting their rights and liabilities.
T.
Liability of warehousemen for injuries to employees; Doctrine of fellow servants ; Fraud and crimes of warehousemen.
U.
Constitutionality of statutes pertaining to warehousemen; Statutes authorizing the taking of land, prescribing maximum rates for storage, etc.
If this volume assists in the dissemination of legal knowledge concerning the important subject of warehousemen, their rights and liabilities, I shall feel amply repaid.
My sincere thanks are due Mr. Albert M. Read. Vice President of the American Warehousemen's Association, and Chairman of its Committee on Laws and Legislation, for his untiring efl:'orts which have made possible the publication of this volume.
Barry Moiiun.
Washington, D. C.
September 12, 1903.
CHAPTER I. Uniform Warehouse Receipts. page
act with annotations 1
CHAPTER n.
Alabama.
LAWS 20
CHAPTER HI.
Arizona.
LAWS 42
CHAPTER IV.
Arkansas.
LAWS 47
CHAPTER V.
California.
LAWS S7
CHAPTER VI.
Colorado.
LAWS 85
DECLSIONS 88
ix
X CONTENTS.
CHAPTER VII.
CoNNECTICrT. PAGE
LAWS 93
CHAPTER VIII.
Delaware.
LAWS 99
CHAPTER IX.
District of Columbia.
LAWS 108
CHAPTER X.
Florida.
LAWS 113
CHAPTER XI.
Georgia.
LAWS 118
CHAPTER XII.
Idaho.
LAWS 150
CHAPTER XIII.
Illinois.
LAWS 165
CHAPTER XIV.
Indiana.
LAWS 227
CONTENTS. Xi
CHAPTER XV.
Iowa. page
LAWS 259
CHAPTER XVI.
Kansas.
LAWS 278
CHAPTER XVII.
Kentl'ckv.
LAWS 310
CHAPTER XVIII.
Louisiana.
LAWS 344
CHAPTER XIX.
Maine.
LAWS 368
CHAPTER XX.
Maryland.
LAWS 374
CHAPTER XXI.
Massachusetts.
LAWS 393
CHAPTER XXII.
Michigan.
LAWS 416
Xll CONTENTS.
ClIAT'lM-.R XXI II.
.Ml.NXliSOTA. PAGE
LAWS 439
CH.MTER XXIV.
M ISSISSIIMM.
LAWS 504
OECLSIONS 505
CHAPTER XXV.
Missouri.
LAWS 511
CHAPTER XXVI.
Montana.
LAWS 564
CHAPTER XXVII.
Nebraska.
laws 589
CHAPTER XXVIII.
Nevada.
LAWS ' 598
CHAPTER XXIX.
New Hampshire.
LAWS 599
CHAPTER XXX.
New Jersey.
LAWS 601
CONTENTS. Xlll
CHAPTER XXXI.
New Mexico. page
LAWS 613
CHAPTER XXXH.
New York.
LAWS 615
CHAPTER XXXHL North Carolina.
LAWS 677
CHAPTER XXXIV.
North Dakota.
LAWS 689
CHAPTER XXXV.
Ohio.
LAWS 717
CHAPTER XXXVI.
Oklahoma.
LAWS 739
CHAPTER XXXVII.
Oregon.
laws 762
CHAPTER XXXVIII.
Pennsylvania.
LAWS 779
XIV CONTENTS.
CHAPTER XXXIX.
RlIOI^K IsL.\ND. PAGE
LAWS 799
DFCISIONS S02
CHAPTER XL.
South Carolina.
LAWS 805
CHAPTER XLI.
South Dakota.
LAWS 819
CHAPTER XLH.
Tennessee
LAWS 835
CHAPTER XLHL Texas.
LAWS 855
CHAPTER XLIV.
Utah.
LAWS 871
CHAPTER XLV.
Vermont.
LAWS 873
CHAPTER XLVI.
Virginia.
LAWS 877
CONTENTS. XV
CHAPTER XLVII.
Washington. page
LAWS 89:^
CHAPTER XLVni.
West Virginia.
LAWS 917
CHAPTER XLIX.
W^ISCONSIN.
LAWS 920
CHAPTER L.
Wyoming.
LAWS 977
CHAPTER LI. territorial possessions.
Alaska.
LAWS 983
Hawaii.
LAWS 986
Porto Rico.
LAWS 988
PjfiLii'i'iNE Islands.
LAWS 994
Analytical Index 997
CHAPTER I
UNIFORM WAREHOUSE RECEIPTS ACT
The Uniform Warehouse Receipts Act as finally adopted by the Commissioners on Uniform State Laws in 1906 is given below. The act has been passed by Congress to I^e in force in the District of Columbia and by the legislatures in the following states: California, Colorado, Connecticut, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, \^irginia, Washington and Wisconsin. The act is also in force in Alaska and in the Philippine Islands. In several of the above mentioned states certain changes have been made in the uniform act. Each of such changes is noted at the beginning of the chapter containing the laws of the states in which the changes occur.
UNIFORM WAREHOUSE RECEIPTS ACT— PART I.
THE ISSUE OF WAREHOUSE RECEIPTS
Section i. — Persons IVho May Issue Receipts: Warehouse receipts may be issued by any warehouseman.
Section 2. — Form of Receipts. Essential Terms: Warehouse receipts need not be in any particular form, but every such receipt must embody witliin its written or printed terms:
(a) The location of the warehouse where the goods are stored,
(b) The date of issue of the receipt,
(c) The consecutive number of the receipt,
(d) A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order,
(e) The rate of storage charges,
(f) A description of the goods or of the packages contain ing them,
1 1
(0-) The signature of the wareliouseman, which may be made by his authorized agent,
(h) If the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership, and
(i) A statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.
A warehouseman shall be liable to any person injured thereby, for all damage caused by the omission from a negotiable receipt of any of the terms herein required.
A receipt or memorandum given by a warehouseman to his bailor, which shows that the property described therein was received from the bailor, by the warehouseman, for safe keeping, in the ordinary course of his business, is a sufficient warehouseman's receipt to entitle him, under this act, to require his bailor and an adverse claimant to interplead and settle their respective rights to the property, although the receipt may not embrace all of the terms set forth in section two of the act.— 7V. /. Title Guarantee and Trust Co. v. Rector, 76 N. J. E. 587.
Section 3. — Form of Receipts. What Terms May Be Inserted: A warehouseman may insert in a receipt, issued by him, any other terms and conditions, provided that such terms and conditions shall not —
(a) Be contrary to the provisions of this act.
(b) In any wise impair his obligation to exercise that degree of care in the safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.
A receipt given at the time of deposit of a hand bag at a parcel room contained a provision that the defendant bailee's liability was limited to $10.00. Held, this clause of the receipt impaired the bailee's obligation to exercise that degree of care in the safe keeping of the goods intrusted to it which a reasonably careful man would exercise in regard to similar goods of his own, and hence was a condition which the defendant had not, under this section, the legal right to insert in the receipt and it was therefore void. In the receipt the conditions above mentioned were in fine print and were not called to plaintiff's attention. It was further held, under the circumstances, the plaintiff was not chargeable with knowledge of such conditions. 1 • 1 u
Houghton, J., concurred in the opinion but took the view that the "Warehouse Law" was not applicable. Healy v. A^. Y. C. and H. R. R. Co., 138 N. Y. S. 287.
Section 4. — Definition of Non-Negotiable Receipt: A receipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a non-negotiable receipt.
Section 5. — Definition of Negotiable Receipt: A receipt in which it is stated that the goods received will be delivered to the bearer, or to the order of any person named in such receipt is a negotiable receipt.
No provision shall Ije inserted in a negotiable receipt that it is non-negotiable. Such provision, if inserted, shall be void.
Section 6. — Duplicate Receipts Must Be So Marked: When more than one negotiable receipt is issued for the same goods, the word "duplicate" shall be plainly placed upon the face of every such receipt, except the one first issued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who purchased the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehouseman to the holder of the original receipt.
Section 7. — Failure to Mark "Not Negotiable:" A non-negotiable receipt shall have plainly placed upon its face by the warehouseman issuing it "non-negotiable," or "not negotiable." In case of the warehouseman's failure so to do, a holder of the receipt who i)urchase(l it for value supposing it to be negotiable, may, at his option, treat such receipt as imposing upon the warehouseman the same liabilities he would have incurred had the receipt been negotiable.
This section shall not apply, however, to letters, memoranda, or written acknowledgments of an informal character.
Part II Obligations And Rights Of Warehousemen Upon Their
RECEIPTS
Section 8. — Obligation of Warehouseman to Deliver: A warehouseman, in the absence of some lawful excuse provided by this act, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with —
(a) An offer to satisfy the warehouseman's lien,
(b) An offer to surrender the receipt if negotiable, with
* WAKE HOUSE RECEIPTS ACT.
such iiulorsements as would be necessary for the negotiation of tlie receipt, and
(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman.
In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal.
Where stored property has been destroyed a demand for its return is not necessary before bringing suit. Buffalo Grain Co. v. Sowerby, 195 N. Y. 355, 358.
Section p. — Justification of Warehouseman in Delivering: A warehouseman is justified in delivering the goods, subject to the provisions of the three following sections, to one who is —
(a) The person lawfully entitled to the possession of the goods, or his agent,
(b) A person who is either himself entitled to delivery by the terms of a non-negotiable receipt issued for the goods, or who has written authority from the person so entitled either indorsed upon the receipt or written upon another paper, or
(c) A person in possession of a negotiable receipt by the terms of which the goods are deliverable to him or order or to bearer, or which has been endorsed to him or in blank by the person to whom delivery was promised by the terms of the receipt or by his mediate or immediate indorsee.
Section lO. — Warehouseman's Liability for Misdelivery: Where a warehouseman delivers the goods to one who is not in fact lawfully entitled to the possession of them, the warehouseman shall be liable as for conversion to all having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section and though he delivered the goods as authorized by said subdivisions he shall be so liable, if prior to such delivery he had either
Ca) Been requested, by or on behalf of the person lawfully entitled to a right of property or possession in the goods, not to make such delivery, or
(h) Had information that the delivery about to be made was to one not lawfully entitled to the possession of the goods.
Section ii. — Negotiable Receipts Must Be Cancelled When
Goods Delivered: Except as provided in Section 36, where a warehouseman delivers goods for which he had issued a negotiable receipt, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the receipt, he shall be liable to any one who purchases for value in good faith such receipt, for failure to deliver the goods to him, whether such purchaser acquired title to the receipt before or after the delivery of the goods by the warehouseman.
Section 12. — Negotiable Receipts Must Be Cancelled or Marked When Part of Goods Delivered: Except as provided in Section 36, where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it 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 acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman.
Section 7j. — Altered Receipts: The alteration of a receipt shall not excuse the warehouseman who issued it from any liability if such alteration was
(a) Immaterial,
(b) Authorized, or
(c) Made without fraudulent intent.
If the alteration was authorized, the warehouseman shall be liable according to the terms of the receipt as altered. If the alteration was unauthorized, but 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 a receipt shall not excuse the warehouseman 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 liability to the person who made the alteration and to any person who took with notice of the alteration. Any purchaser of the recei])t for value without notice of the alteration shall acquire the same rights against the warehouseman which such purchaser would have acquired if ihc receipt had not been altered at the time of the purchase.
WAKKllDUSK RECEIPTS ACT.
Section 14.— Lost or Destroyed Receipts: Where a negotiable receipt has been lost or destroyed, a court of competent jurisdiction niav order the delivery of tlio goods upon satisfactory proof of such loss or destruction and upon the giving of a l)ond with sufficient 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 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 warehouseman from liability to a 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.
Section ij.— Effect of DupUcaie Receipts: 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 impose upon him no other liability.
Section 16. — Warehouseman Can Not Set Up Title in Himself: 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 indirectly from a transfer made by the depositor at the time of or subsequent to the deposit for storage, or from the warehouseman's lien, shall excuse the warehouseman from liability for refusing to deliver the goods according to the terms of the receipt.
Section 17. — Interpleader of Adverse Claimants: 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 appropriate, require all known claimants to interplead.
Where a complaint alleges in substance that plaintiff is a warehouseman and as such has on storage certain personal property which was deposited with it by two certain named persons ; that a corporation claimed ownership of the property by virtue of an assignment from the depositors and demanded possession of the same from plaintifif and had threatened to hold plaintifif responsible if delivery were not made in accordance with its demand; that two persons other than the depositors claimed and demanded the property from plaintifif; that one of the named defendants was sheriff of the county and claimed to be entitled to the possession of the property by virtue of a warrant of attachment issued in an action pending between two of the claimants; that there are pending several actions between claimants of the property; it was held the facts alleged brought the case within the above and the following section. Manhattan Storage and IVarehouse Co. v. Benguiat Art Museum et al., 139 N. Y. S. 1073. ^. ^ ., ...
A receipt or memorandum given by a warehouseman to his bailor, which shows that the property described therein was received from the bailor, bv the warehouseman, for safe keeping, in the ordinary course of his business, is a sufficient warehouseman's receipt to entitle him, under this act. to require his bailor and an adverse claimant to interplead and settle their respective rights to the property, although the receipt may not embrace all of the terms set forth in section two of this act. — A''. /. Title Guarantee and Trust Co. v. Rector, 76 N. J. E. 587.
Section i8. — Warehouseman has Reasonable Time to Determine Validity of Claims : If some one other than the depositor or l)erson 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 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 a reasonable tiine to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead.
Facts stated which were held not to have afforded the defendant warehouseman a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel claimants to interplead as provided in this section. Zuher v. Mehrle, 112 N. Y. S. 1093.
Section ip. — Adverse Title Is No Defense Except As Above Provided: Except as provided in the two preceding sections and in sections 9 and 36, no right or title of a third person shall be a defense to an action brought by the depositor or person claiming under him against tiie warehouseman for failure to deliver the goods according to the terms of the receipt.
Section 20. — Liability for Non-Existence or Misdiscription of Goods: A warehouseman 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 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 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 purport, such statements, if true, shall not make liable the warehouseman issuing
» WAREHOUSE RECEU'TS ACT.
the receipt, although the goods are not of the kind which the marks or Libels upon them indicate, or of the kind they were said to be by the depositor.
Scctiou 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 section makes no change in the common law doctrine concerning a warehouseman's liabilitj', and is merely declaratory thereof. Levine v. D. Wolff & Co., 78 N. J. L. 306. See" also Mortimer v. Otto, 206 N. Y. 89, and H. J. Keith Co. v. Booth Fisheries Co., 87 All. 715.
\ warehouseman in the exercise of reasonable care, owes a duty to his patrons of making reasonable inspection from time to time to see that the building remains safe and in a proper condition. Buffalo Grain Co. v. Sowerby, \95 N. Y. 355, 358.
A receipt given at the time of deposit of a hand bag at a parcel room contained a provision that the defendant bailee's liability was limited to $10.00. Held, that this clause of the receipt impaired the bailee's obligation to exercise that degree of care in the safe keeping of the goods intrusted to it which a reasonably careful man would exercise in regard to similar goods of his own, and hence was a condition which the defendant had not, under this section, the legal right to insert in the receipt and it was therefore void. In the receipt the conditions above mentioned were in fine print and were not called to plaintiff's attention. It was further held, under the circumstances, the plaintiff was not chargeable with knowledge of such conditions.
Houghton, J., concurred in the opinion but took the view that the "Warehouse Law" was not applicable. Healy v. A^. Y. C. and H. R. R. Co.. 138 N. Y. S. 287.
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.
Section 2^. — Fungible Goods May Be Commingled, If Warehouseman Authorised: 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.
Section 24. — Liability of Warehouseman to Depositors of Commingled Goods: 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 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 can not thereafter, while in the possession of th( 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 tht actual possession of the goods until the receipt is surrendered to him or impounded by the court.
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 can not readily be attached or levied upon by ordinary legal process.
Section 2/. — 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.
The right to a lien given hy this section is limited to a "warehouseman." Under its terms a casual bailee for hire is not entitled to a lien for storage charges. Alton v. New York Taxicab Co., 121 N. Y. S. 271.
For history and rationale of this lien see Trust v. Pirsson, 1 Hilt 292. 297; Ri-c'ara v. Ghio. 3 E. D. Smith 264. 267; cited with approval in Merritt v. Peirano, 10 App. Div. 563, 565 ; Lyungstrandh v. Haakcr Co., 16 Misc. Rep. 387. See also Robinson v. Kaplan, 21 Misc. Rep. 686, 689.
Section 28. — Against What Property the Lien May Be Enforced: Subject to the provisions of Section 30 a warehouseman's lien may be enforced —
10 WAUKllULSK KliCliirrS ALT.
(a) Against all goods, whenever deposited, belonging to the person who is liable as debtor for llie 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.
There is nothing in this section which is intended to give a warehouseman a lien upon goods belonging to another and stored by a stranger in fraud of the true owner's rights. FarrcU v. Harlem Terminal Storage Warehouse Co.. 127 N. Y. S. 306.
Where there is a recorded chattel mortgage under which the mortgagee is entitled to possession of the goods upon default by mortgagor and the goods are stored by the mortgagor the warehouseman does not acquire a lien upon such goods for his charges. The possession of the goods by the mortgagor was not such that a pledge of them by him would have been valid, even if the pledgee took the goods in good faith for value. Ludwig, Baumann & Co. v. Roth, 123 N. Y. S. 191.
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You’ve reached the end of Mohun on warehousemen; a compilation of warehouse laws and decisions, containing an annotated copy of the Uniform warehouse receipts act, the statutes of each of the states and territorial possessions pertaining to warehousemen, together with a digest of the decisions of the state, federal, and territorial courts, in all cases affecting warehousemen, with an analytical index.