Page:United States Statutes at Large Volume 76A.djvu/257

–161– -161§ 1790. Interpleader of adverse claimants If more than one person claim the title or possession of the goods, the warehouseman may, either as a defense to an action brought against him for nondelivery of the goods, or as an original suit, whichever is appropriate, require all known claimants to interplead. § 1791. Warehouseman has reasonable time to determine validity of claim If someone other than the depositor or person claiming under him has a claim to the title or possession of the goods, and the warehouseman has information of the claim, the warehouseman is 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 time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. § 1792. Adverse title is no defense except as above provided Except as provided by sections 1790 and 1791 of this title and by sections 1782 and 1809 of this title, a right or title of a third person is not a defense to an action brought by the depositor or person claiming under him against the warehouseman for failure to deliver the goods according to the terms of the receipt. § 1793. Liability for nonexistence or misdescription of goods A warehouseman is liable to the holder of a receipt, issued by him or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of warehouse receipts, for damages caused by the nonexistence 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, the statements, if true, do not make liable the warehouseman issuing the receipt, although the goods are not of the kind which the marks or labels upon them indicate, or of the kind they were said to be by the depositor. § 1794. Liability for care of goods A warehouseman is 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. § 1795. Goods must be kept separate Except as provided by section 1796 of this title, a warehouseman shall keep the goods as 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. § 1796. Fungible goods may be commingled, if warehouseman authorized If authorized by agreement or by custom, a warehouseman may mingle fungible goods with other goods of the same kind and grade. I n such a case the various depositors of the mingled goods own the entire mass in common, and each depositor is entitled to such portion thereof as the amount deposited by him bears to the whole.

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