Page:United States Statutes at Large Volume 47 Part 1.djvu/1255

 72d CONG RESS. SESS. II. LH. 12 8. FEBRUARY 27, 1933. 1231 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 foregoing terms. 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 subchapter. (b) In a nywise i mpair hi s obliga tion to exercise that deg ree of care in the safe-keeping of the goods intrusted to him which a reason- ably ca reful mi n would exercise in rega rd to si milar go ods of h is own. SEC. 733 . NEGOTIABLE AND NONNEGOTIABLE RECEIPTS .-A receipt in negotiable Negotiable and rec eip ts non• . which it is stated that the goods received will be delivered to the depositor, or to any other specified person, is a nonnegotiable 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 be inserted in a negotiable receipt that it is nonnegotiable. Such provision, if inserted, shall be void. SEC. 734. DUPLICATE RECEIPTS MUST BE SO MARKED .-When more mustDupl icate receipts be uiarked, than one negotiable receipt is issued for the same goods, the word "duplicate" shall be plainly placed upon the face of every such rece ipt, excep t the one firs t iss ued. A warehouseman shall be liable for all damage caused by his failure so to do to any one who pur- cli.i sed the subsequent receipt for value supposing it to be an original, even though the purchase be after the delivery of the goods by the warehousem an to the holder of the original receipt. SE C. 73 . F AILITBE TO MARK "NOT NEGOTIABLE."-A nonnegotiable 0 .,,m "not receipt shall have plainly laced upon its face by the warehouseman issuing it" nonnegotiable or " not negotiable ." In case of the ware- houseman's failu re so to do, a h older of the rec eipt who purchase d it for value supposing it to be negotiable may, at his option, treat such receipt as impos ing upon the war ehousema n the sam e liabil ities he would ha ve incur red had the rece ipt been negotiab le. This section shall not apply, however, to letters, memoranda, or written acknowl- edgments of an informal character. SE C. 736. OBLIGATION OF WAREHOUSEMAN TO DELIVER .-A ware- Obilgationtodeiiver. houseman, in the absence of some lawful excuse provided by this subchapter, is bound to deliver the goods upon a demand made either by the holder of a receipt for t he goods or by t he depositor, if such demand is a ccomp anied with (a) An offer to satisfy the warehouseman's lien ; (b) An offer to surrender the receipt if negotiable, with such indorsenient as would be necessary for the negotiation of the receipt ; and (c) A readiness and willingness to sign, wh en the goods are delivered, and acknowledgment that they have been delivered, if such sig nature i s reques ted by t he wareh ouseman. 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. when delivery K SEC. 137 . JhSTIFICATZON OF WA†,EI30L'S†~TAN IN DELIVERING.^A fled. warelioucenian is justified in delivering the goods, subject to the pro- Pst, P 113^ visions of sections 738 to 740, 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 te rms of a nonnego tiable r eceipt i ssued fo r the go ods, or who has