Page:Federal Reporter, 1st Series, Volume 1.djvu/716

 4. The stipulation of said warehouse receipts that said lard is subject to the order of Grant on the return of said receipts, is personal between said Bates and Grant, and said Bates could waive their return unless he had notice of their transfer to the bank. Refused.

5. If said First National Bank and the warehouse and place of business of said Bates were in Cincinnati, and the same was known to the representative officers of said bank, and they did not, within a reasonable time after said receipts were transferred to the bank, notify said Bates of said transfer, then said bank was guilty of negligence, and said Bates was not bound to keep said lard, but was justified in delivering it to said Grant. Refused.

6. It is for the jury to determine what is reasonable notice, in view of ail the circumstances, and the situation and relation of the parties to each other. Refused.

7. If said bank delayed for six months to notify said Bates of the transfer of said receipts to said bank, knowing that said Bates had his place of business in Cincinnati, such delay was unreasonable, and said Bates cannot be sued for said lard or its value. Refused.

8. If the representative officers of said bank knew, while the bank held said receipts, that said Grant was from time to time obtaining said lard in parcels from said Bates, and did not object, then said bank cannot complain if said Bates delivered ail said lard to said Grant. Refused.

9. If said bank officers had good reason to believe, from the course of business of said Grant with said Bates, that said Grant was obtaining said lard in parcels from time to time, while it held said receipts, it was their duty to have inquired about it, and to have notified said Bates, and their failure to do so exonerates said Bates from all liability. Refused.

10. If the custom of pledging such warehouse receipts as collateral upon which to raise money was not known among warehousemen, and said Bates had not notice of any such custom, then he is not bound by it, and it did not prevent said Bates delivering said lard to said Grant, and the trans-