Page:Federal Reporter, 1st Series, Volume 8.djvu/566

 fi 52 FEDERAL REFOBTEB. �Sections 2 and 5 are as follows : �Sec. 2. Whenever any grain shall be deposited in any warehouse, elevator, or other depository for storage, the bailee thereof sliall issue and deliver to tiie person se storing the same a receipt or other written instrument, whieh shall in elear terms state the amount, kind, and grade of the grain stored, the terms of storage, and, if advances are made, the words "advance made," which receipts shall be prima fade evidence that the holder thereof has in store with the party issuing such receipt the amount of grain of the kind and grade mentioned in such receipt; and any warehouseman, proprietor of an elevator, or bailee, vvho shall issue any receipt or other written instrument for any grain received for storage, which shall be false in any of its state- ments, shall be guilty of a toisdemeanor, and shall upon conviction be pun- ished by fine not exceeding $300, or imprisonment in the county jail not exceeding six months, or by both fine and imprisonment. �Sec. 5. Warehouse receipts given for any goods, wares, and merchandise, grain, flour, produce, or other commodity stored or deposited with any ware- houseman, or other person or corporation in this state, or bills of lading or receipts for the same when in transit by cars or vessel to any such warehouse- man or other person, shall be negotiable, and may be transferred by indorse- ment and delivery of such receipt or bill of lading; and any person to whom the said receipt or bill of lading may be transferred, shall be deemed and taken to be the owjier of the goods, wares, or merchandise therein specifled, so as to give seeurity and validity to any lien created on the same, subject to the pay- ment of freight and charges thereon: provided, that all warehouse receipts or bills of lading which shall have the words " not negotiable" plainly writ- ten or stamped on the face thereof, shall be exempt from the provisions of this act. �G. L. a C. E. Otis, for complainants. �O'Brien e Wilson, for respondents. �McCrart, C. J. 1. The several parties to this suit claim title to a part or all the wheat in controversy, and the first inquiry is as to the validity of their claims. The complainants claim under instru- ments known as wheat tickets or receipts, in the form first above set out. The evidence is that they were given to actual depositors of wheat. They state, as required by the statute, in plain terms, the kind and grade of the grain stored, and the terms of storage; that is to say, the grain was stored "to be carried at the convenience of the railroad company to St. Paul or Minneapolis for storage and de- livery." From this I understand it was stored in the elevator to await transportation. These receipts are, therefore, in my opinion, such instruments as under the statutes of Minnesota, quoted above, constitute prima fade evidence of title to the amount and grade of grain mentioned therein as deposited in a warehouse or elevator. �The respondents David Dows & Co. claim under instrumenta ��� �