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Session Laws, 1963
Volume 671, Page 888   View pdf image (33K)
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890                               LAWS OF MARYLAND                        [CH. 538

7207. Goods Must Be Kept Separate; Fungible Goods.

(1)   Unless the warehouse receipt otherwise provides, a warehouse-
man must keep separate the goods covered by each receipt so as to
permit at all times identification and delivery of those goods except
that different lots of fungible goods may be commingled.

(2)  Fungible goods so commingled are owned in common by the
persons entitled thereto and the warehouseman is severally liable
to each owner for that owner's share. Where because of overissue
a mass of fungible goods is insufficient to meet all the receipts which
the warehouseman has issued against it, the persons entitled include
all holders to whom overissued receipts have been duly negotiated.

7208. Altered Warehouse Receipts.

Where a blank in a negotiable warehouse receipt has been filled
in without authority, a purchaser for value and without notice of
the want of authority may treat the insertion as authorized. Any
other unauthorized alteration leaves any receipt enforceable against
the issuer according to its original tenor.

7209. Lien of Warehouseman.

(1)  A warehouseman has a lien against the bailor on the goods
covered by a warehouse receipt or on the proceeds thereof in his
possession for charges for storage or tansportation
TRANSPORTA-
TION (including demurrage and terminal charges), insurance, labor,
or charges present or future in relation to the goods, and for expenses
necessary for preservation of the goods or reasonably incurred in their
sale pursuant to law. If the person on whose account the goods are
held is liable for like charges or expenses in relation to other goods
whenever deposited and it is stated in the receipt that a lien is claimed
for charges and expenses in relation to other goods, the warehouseman
also has a lien against him for such charges and expenses whether
or not the other goods have been delivered by the warehouseman.
But against a person to whom a negotiable warehouse receipt is
duly negotiated a warehouseman's lien is limited to charges in an
amount or at a rate specified on the receipt or if no charges are
so specified then to a reasonable charge for storage of the goods
covered by the receipt subsequent to the date of the receipt.

(2)   The warehouseman may also reserve a security interest
against the bailor for a maximum amount specified on the receipt
for charges other than those specified in subsection (1), such as for
money advanced and interest. Such a security interest is governed
by the Sub-title on Secured Transactions (Sub-title 9).

(3)  A warehouseman's lien for charges and expenses under sub-
section (1) or a security interest under subsection (2) is also effective
against any person who so entrusted the bailor with possession of
the goods that a pledge of them by him to a good faith purchaser
for value would have been valid but is not effective against a person
as to whom the document confers no right in the goods covered by
it under Section 7
503.

(4) A warehouseman loses his lien on any goods which he volun-
tarily delivers or which he unjustifiably refuses to deliver.


 

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Session Laws, 1963
Volume 671, Page 888   View pdf image (33K)
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