Goods subject to lien

What are the goods subject to lien?

a.   goods of the depositor who is liable to the warehouseman as debtor wherever such goods are deposited;

b.   goods of other persons stored by the depositor who is liable to the warehouseman as debtor with authority to make a valid pledge

NOTE:  A warehouseman has NO lien on goods belonging to another and stored by a stranger in fraud of the true owner’s right.

When may the lien be lost?

a.   voluntarily surrendering possession of goods  -  constitutes a waiver or abandonment

A warehouseman may NOT claim a lien on other goods of the same depositor for unpaid charges on the goods surrendered if the goods were delivered to him under different receipts.

b.   wrongfully refusing to deliver the goods to a person who holds the receipt or the depositor upon DEMAND accompanied with:

1.   an offer to satisfy the warehouseman’s lien (because a warehouseman may refuse delivery until his lien is satisfied)

2.   an offer to surrender the receipt

a. for the protection of the warehouseman and to avoid criminal liability

b. this is subject to waiver

3.   an offer to sign when the goods are delivered, an acknowledgment that they have been delivered