CHAPTER 208

WAREHOUSE RECEIPTS LIABILITY OF A WAREHOUSEMAN

AN ACT TO AMEND CHAPTER 172 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "WAREHOUSE RECEIPTS", WITH REFERENCE TO THE LIABILITY OF A WAREHOUSEMAN.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 172 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended, by striking out and repealing all of 5912. Sec. 20. thereof and inserting and enacting in lieu of the part so stricken out a new 5912. Sec. 20., as follows:

5912. Sec. 20. Warehouseman, Liability of, Goods Non-Existent &c.:--A warehouseman shall be liable to the holder of a receipt, issued by him or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of warehouse receipts, for damage's caused by, the nonexistence 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 statement 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 statement, 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.

Approved April 7, 1947.