320 WAREHOUSE RECEIPTS. [ART. 14A

(c) A readiness and willingness to sign, when the goods are deliv-
ered, an acknowledgment that they have been delivered, if such signa-
ture is requested by the warehouseman.

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.

1910, ch. 406, sec. 9 (p. 48).

9. A warehouseman is justified in delivering the goods, subject to-
the provisions of the three following sections, 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 terms,
of a non-negotiable receipt issued for the goods, or who has written
authority from the person so entitled, either indorsed upon the receipt
or written upon another paper; or

(c) A person in possession of a negotiable receipt by the terms of
which the goods are deliverable to him or order, or to bearer, or which
has been endorsed to him, or in blank, by the person to whom delivery
was promised by the terms of the receipt or by his mediate or immedi-
ate indorsee.

1910, ch. 406. sec. 10 (p. 48).

10. Where a warehouseman delivers the goods to one who is not in
fact lawfully entitled to the possession of them, the warehouseman shall
be liable as for conversion to all having a right of property or posses-
sion in the goods if he delivered the goods otherwise than as authorized
by subdivisions (b) and (c) of the preceding section, and, though he
delivered the goods as authorized by said subdivision, he shall be so
liable if prior to such delivery he had either

(a) Been requested by or on behalf of the person lawfully entitled
to a right of property or possession in the goods, not to make such
delivery; or

(b) Had information that the delivery about to be made was to one-
not lawfully entitled to the possession of the goods.

1910, ch. 406, sec. 11 (p. 48).

11. Except as provided in section 36, where a warehouseman deliv-
ers goods for which he had issued a negotiable receipt, the negotiation
of which would transfer the right to the possession of the goods, and
fails to take up and cancel the receipt, he shall be liable to any one
who purchases for value in good faith such receipt, for failure to deliver
the goods to him, whether such purchaser acquired title to the receipt
before or after the delivery of the goods by the warehouseman.
See sec. 54.