WAREHOUSE RECEIPTS 517

brought by the depositor or person claiming under him against the ware-
houseman for failure to deliver the goods according to the terms of the
receipt.

An. Code, 1924, sec. 20. 1912, sec. 20. 1910, ch. 406, sec. 20 (p. 50).

20. A warehouseman shall be liable to the holder of a receipt for dam-
ages caused by the non-existence 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 state-
ment 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, such statements, if true, shall 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.

An. Code, 1924, sec. 21. 1912, sec. 21. 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.
See notes to sec. 8.

An. Code, 1924, sec. 22. 1912, sec. 22. 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.

An. Code, 1924, sec. 23. 1912, sec. 23. 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. 24.

An. Code, 1924, sec. 24. 1912, sec. 24. 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 separate.

An. Code, 1924, sec. 25. 1912, sec. 25. 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 warehouse-
man, be attached by garnishment or otherwise, or be levied upon under an
execution, unless the receipt be first surrendered to the warehouseman,