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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 323   View pdf image (33K)
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ART. 14A] FUNGIBLE GOODS——ATTACHMENTS. 323

1910, ch. 406, sec. 21 (p. 51).

21. A warehouseman shall be 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.

1910, ch. 406, sec. 22 (p. 51).

22. Except as provided in the following section, a warehouseman
shall keep the goods so 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 re-delivery
of the goods deposited.

1910, ch. 406, sec. 23 (p. 51).

23. If authorized by agreement or by custom, a warehouseman may
mingle fungible goods with other goods of the same kind and grade. In
such case the various depositors of the mingled goods shall own the
entire mass in common, and each depositor shall be entitled to such
portion thereof as the amount deposited by him bears to the whole.
For a definition of "fungible goods", see sec. 58.
See art. 83, sec. 27.

1910, ch. 406. sec. 24 (p. 51).

24. The warehouseman shall be severally liable to each depositor
for the care and re-delivery of his share of such mass to the same extent
and under the same circumstances as if the goods had been kept sepa-
rate.

1910. ch. 406, sec. 25 (p. 51).

25. If goods are delivered to a warehouseman by the owner or by a
person whose act in conveying the title to them to a purchaser in good
faith for value would bind the owner, and a negotiable receipt is issued
for them, they can not thereafter, while in the possession of the ware-
houseman, be attached by garnishment or otherwise, or be levied upon
under an execution, unless the receipt be first surrendered to the ware-
houseman, or its negotiations enjoined. The warehouseman shall in no
case be compelled to deliver up the actual possession of the goods until
the receipt is surrendered to him or impounded by the court.
See art. 83, sec. 60.

1910. ch. 406, sec. 26 (p. 51).

26. A creditor whose debtor is the owner of a negotiable receipt
shall be entitled to such aid from courts of appropriate jurisdiction, by
injunction and otherwise, in attaching such receipt or in satisfying the
claim by means thereof as is allowed at law or in equity, in regard to
property which cannot readily be attached or levied upon by ordinary
legal process.

See art. 83. sec. 61.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 323   View pdf image (33K)
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