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Sec. 13456. Not to issue any receipt for money loaned, etc., until goods actually in store. No warehouseman, wharfinger, or other person, shall issue any receipt or other voucher up9n goods, wares, merchandise, grain, flour, or other produce or commodity, to any person or persons for any money loaned, or other indebtedness, unless such goods, wares, merchandise, grain, flour, or other produce or commodity, shall be, at the time of issuing such receipt, in the custody of such warehouseman, wharfinger, or other person, and shall be in store or upon the premises and under his control at the time of issuing such receipt or other voucher, as aforesaid. (R. S. 1909, § 11952.)
Sec. 13457. Not to issue second receipt, when.-No warehouseman, wharfinger, or other person, shall issue any second or duplicate receipt for any goods, wares, merchandise, grain, flour, or other produce or commodity, while any former receipt for any such goods, wares, merchandise, grain, flour, or other produce or commodity, as aforesaid, or any part thereof, shall be outstanding and uncanceled, without writing across the face of the same "duplicate". (R. S. 1909, § 11953.)
Sec. 13458. Not to sell, etc., goods without written assent of person holding receipt.-No warehouseman, wharfinger, or other person, shall sell or incumber, ship, transfer, or in any manner remove, or permit to be shipped, transferred or removed beyond his control, any goods, wares, merchandise, grain, flour, or other produce or commodity, for which a receipt shall be given by him, as aforesaid, whether received for storing, shipping, grinding, manufacturing, or other purpose, without the written assent of the person or persons holding such receipt. (R. S. 1909, § 11954.)
In general. This section was intended to protect innocent holders of warehouse receipts against the transaction of prior parties. It does not apply to parties charged with notice of the infirmity of title. Mohr v. Langan, 77 A. 481. An indictment against a warehouseman for the sale or removal of goods stored by him must aver that he sold or removed the property without the assent of the holder of his receipt therefor. State v. Kirby, 115 Mo. 440. As to conversion of property by a warehouseman, see Mohr v. Langan, 77 A. 481; s. c. 162 Mo. 474. As to goods consigned to "shipper's orders" when order of shipper's agent is obeyed by carrier, see Watson v. Hoosac etc. Co., 13 A. 263, 269.
See, also, Union Saving Ass'n v. Elev. Co., 81 Mo. 341, 347.
Sec. 13459. Not to give shipping receipt until goods are actually on boat, etc.-No master, owner or agent of any boat or vessel of any description, forwarder, or officer or agent of any railroad, transfer or transportation company, or other person, shall sign or give any bill of lading, receipt or other voucher or document for any merchandise or property, by which it shall appear that such merchandise or property, has been shipped on board, of any boat, vessel, railroad car or other vehicle unless the same
shall have been actually, shipped and put on board, and shall be at the time actually on board or delivered to such boat, vessel, car or other vehicle, to be carried and conveyed as expressed in such bill of lading, receipt or other voucher or document. (R. S.
Prior equities and
A bill of lading issued in violation of this statute is void. estoppage in transitu discussed. Aetna Nat. Bk. v. Ry., 69 A. 246.
As to sufficiency of delivery to carrier, see Aetna Nat. Bank. v. Power Co., 58 A. 532; Aetna Nat. Bk. v. Ry., 69 A. 246.
Under this statute a carrier is prohibited from issuing bills of lading until it has actually received the freight, and a receipt of the goods after the issue of the bill of lading will not affect the rights of third parties. Watkins Nat. Bk. v. Ry., 117 A. 248. The act of a carrier's general agent is the act of the carrier itself. Smith v. Ry., 74 A. 48.
Sec. 13460. Receipts, bills of lading, etc., declared negotiable. All receipts issued or given by any warehouseman, or other person or firm, and all bills of lading, transportation receipts and contracts of affreightment, issued or given by any person, boat, railroad or transportation or transfer company, for goods, wares, merchandise, grain, flour or other produce, shall be and are hereby made negotiable by written indorsement thereon, and delivery in the same manner as bills of exchange and promissory notes; and no printed or written conditions, clauses or provisions inserted in or attached to any such receipts, bills of lading or contracts, shall in any wey limit negotiability or affect any negotiation thereof, nor in any manner impair the right and duties of the parties thereto, or persons interested therein; and every such condition, clause or provision purporting to limit or affect the rights, duties or liabilities created or declared in sections 13455 to 13464, inclusive, of this chapter, shall be void and of no force or effect. (R. S. 1909, § 11956.)
To determine what are such receipts as are made negotiable, this section and Sec. 13461 should be read together. A negotiable warehouse receipt is one given for goods stored or deposited. An instrument which is, in effect, an agreement to ship the goods in question, is not a warehouse receipt within the meaning of statute. Union Savings Ass'n v. Elev. Co., 81 Mo. 341. A transfer of a bill of leding by endorsement and delivery for value passes to the transferee whatever title to the goods in question the transferrer had at the time. Dickson v. Elev. Co., 44 A.
Bills of lading held to be prima facie negotiable, and to carry the title to the property covered by them. Drafts secured by bills of lading fully discussed. Smith v. Banks, 120 A, 527. As to effect of acknowledgment of notice of transfer signed in blank by the warehouseman on a warehouse receipt, see Central Sav. Bk. v. Garrison, 2 A. 58. As to liability of carrier where bill of lading is issued in sets in another state, see Midland Nat. Bk. v. Ry., 132 Mo. 492.
Sec. 13461. How transferred-lien created-exception.Warehouse receipts given by any warehouseman, wharfinger or other person or firm, for any goods, wares, merchandise, grain, flour or other produce or commodity, stored or deposited, and all bills of lading and transportation receipts of every kind, given by any carrier, boat, vessel, railroad, transportation or transfer
company, may be transferred by indorsement in writing thereon, and the delivery thereof so indorsed; and any and all persons to whom the same may be so transferred shall be deemed and held to be the owner of such goods, wares, merchandise, grain, flour or other produce or commodity, so far as to give validity to any pledge, lien or transfer given, made or created thereby, as on the faith thereof, and no property so stored or deposited, as specified in such bills of lading or receipts, shall be delivered, except on surrender and cancellation of such receipts and bills of lading: Provided, however, that all such receipts and bills of lading, which shall have the words "not negotiable" plainly written or stamped on the face thereof, shall be exempt from the provisions of sections 13455 to 13464, inclusive, of this chapter. (R. S. 1909, § 11957.)
In general. This section has no application where the contract was not made nor executed in whole or in part within this state. Alabama Nat. Bk. v. Ry., 42 A. 284, 292. Bills of lading may still be transferred by delivery for a valuable consideration. Scharff v. Meyer, 133 Mo. 428; Midland Nat. Bk. v. Ry., 62 A. 531. Goods may be pledged by the delivery of the warehouse receipt, though it be not indorsed. St. Louis etc. Bk. v. Ross, 9 A. 399. See, also, Fourth Nat. Bk. v. Compress Co., 11 A. 333. The word "non-negotiable" stamped on a bill of lading does not destroy its assignability. Midland Nat. Bk. v. Ry., 62 A. 531. As to estoppel of vendor who has delivered bill of lading from claiming property or its proceeds, see Johnson etc. Co. v. Bank, 116 Mo. 558; Third Nat. Bk. v. Smith, 107 A. 178.
Sec. 13462. Penalty for violation of the provisions of certain sections of this chapter.-Any warehouseman, wharfinger, forwarder or other person who shall violate any of the provisions of sections 13455 to 13464, inclusive, of this chapter shall be deemed guilty of a criminal offense, and, upon indictment and conviction, shall be fined in any sum not exceeding five thousand dollars, or imprisoned in the penitentiary of this state not exceeding five years, or both; and all and every person or persons aggrieved by the violation of any of the provisions of said sections, may have and maintain an action at law against the person or persons, corporation or corporations, violating any of the provisions of said sections, to recover all damages, immediate or consequential, which he or they may have sustained by reason of any such violation, as aforesaid, before any court of competent jurisdiction, whether such person or persons shall have been convicted of fraud, as aforesaid, under said sections, or not. (R. S. 1909, § 11958.)
As to sufficiency of indictment, see State v. Kirby, 115 Mo. 440, cited under Sec. 13458.
Sec. 13463. Certain sections applicable to bills of lading. All the provisions of sections 13455 to 13464, inclusive, of this chapter shall apply and be applicable to bills of lading, and to all persons or corporations, their agents or servants, that shall or
may issue bills of lading of any kind or description, the same as if the words "forwarder and bills of lading" were mentioned in each of said sections of this chapter. (R. S. 1909, § 11959.)
Sec. 13464. Exception as to application. So much of the nine preceding sections of this chapter as forbids the delivery of property except on surrender and cancellation of the original receipt or bill of lading, or the indorsement of such delivery thereon in case of partial delivery, shall not apply to property replevied or removed by operation of law. (R. S. 1909, § 11960.)
See Central Sav. Bk. v. Garrison, 2 A. 58.
UNIFORM WARFHOUSE RECEIPTS.
An act to make uniform the law of warehouse receipts.
13494. Warehouseman need not deliver until
497. Perishable and hazardous goods. 13498. Other methods of enforcing liens. 13499. Effect of sale.
13500. Negotiation of negotiable receipts by delivery.
13501. Negotiation of negotiable receipts by indorsement.
13465. Persons who may issue receipts.
13468. Definition of nonnegotiable receipt.
13477. Lost or destroyed receipts.
13480. Interpleader of adverse claimants.
13483. Liability for nonexistence or misde-
13502. Transfer of receipts.
13503. Who may negotiate a receipt.
13504. Rights of person to whom a receipt has been negotiated.
13491. Against what property the lien may be enforced.
13505. Rights of person to whom a receipt has been transferred.
13506. Transfer of negotiable receipt without
13507. Warranties on sale of receipt.
13509. No warranty implied from accepting
13510. When negotiation not impaired by
13515. Issue of duplicate receipts not SO
13518. Negotiation of receipt for mortgaged
13519. Cases not provided for inact.
13520. Interpretation shall give effect to pur-
13492. How the lien may be lost.
Sec. 13465. Persons who may issue receipts.-Warehouse receipts may be issued by any warehouseman. (Laws 1911, p 432.)
Sec. 13466. Form of receipts-essential terms.-Warehouse receipts need not be in any particular form, but every such receipt must embody within its written or printed terms— (a) The location of the warehouse where the goods are
(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,
The date of issue of the receipt,
The consecutive number of the receipt,
(e) The rate of storage charges,
A description of the goods or of the packages containing
(g) The signature of the warehouseman, 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. (Laws 1911, p 432.)
Sec. 13467. 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 anywise 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. (Laws 1911, p. 432.)
Sec. 13468. Definition of nonnegotiable receipt. A recipt in which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a nonnegotiable receipt. (Laws 1911, p. 432.)
Sec. 13469. Definition of a negotiable receipt.-A receipt in which it is stated that the goods received will be deilvered to the bearer, or to the order of any person named in such receipt is a negotiable receipt. No provision shall be inserted in a nego