What is the duty of
warehouseman when there are several claimants to a warehouse receipt?
The warehouseman may either:
a.
Investigate and
determine within a reasonable time the validity of the claims, and deliver to
the person whom he finds is entitled to the possession of the goods
Effect: He is NOT excused
from liability in case he makes a mistake
b.
He may bring a complaint
in interpleader
Effect: a) he will
be relieved from liability in delivering the goods to the person whom the court
finds to have better right;
b) he is liable for refusal to deliver to the rightful claimant when
it is required to have an interpleader;
c.
He may not do (a) and
(b)
Effect: He will be liable after
a lapse of a reasonable time, of conversion as of the date of the original
demand for the goods.
NOTE: This does NOT
apply to cases where the warehouseman himself makes a claim to the goods.
Co-mingling of deposited
goods
GR: A warehouseman may not co-mingle goods belonging to
different depositors.
Exception: In case of
fungible goods of the same kind and grade provided:
a. he is authorized by agreement
b. he is authorized by custom
Effects:
a. each depositor shall own the entire mass in common and entitled to
his portion
b. warehouseman is severally liable to each depositor for the care
and redelivery of their portion as if the goods had been kept separate
Attachment or levy or
negotiable receipts
- A
warehouseman has the obligation to hold the goods for the owner or for the
person to whom the negotiable receipt has been duly negotiated.
Therefore, the goods cannot be attached or levied upon
under an execution UNLESS:
a. the document be first surrendered; or
b. the negotiation is enjoined, or
c. the document is impounded by the court
- The
warehouseman cannot be compelled to deliver the goods until:
a. the receipt is surrendered to him;
b. it is impounded by the court
NOTE: This provision
does NOT apply if the person depositing is NOT the owner of the goods or one
who has not the right to convey title to the goods binding upon the owner.
What
is the remedy of creditor whose debtor owns a negotiable receipt?
Attachment
of the negotiable receipt (NOT the goods)
NOTE:
the goods themselves cannot readily be attached or levied upon by ordinary
legal process
What is the extent of
warehouseman’s lien?
a.
lawful charges for
1.
storage, and
2.
preservation of the goods
b.
lawful claims for
1.
money
advanced 5. labor
2.
interest
6. weighing
3.
insurance
7. cooperating
4.
transportation
c.
other charges and
expenses in relation to such goods
d.
reasonable charges and
expenses for notice and advertisements of sale
e.
sale of the goods where
defaults has been made in satisfying the lien
What is the extent of
the lien when a negotiable receipt has been issued?
a.
charges for storage and
preservation of the goods
b.
other charges expressly enumerated
(from b, c, d and e above) although the amount is NOT stated
NOTE: For claims not
specified, the warehouseman shares pro rata with the other
creditors of the depositor the balance of the proceeds of the sale for the
satisfaction of the claims.
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