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The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown:

■ Alaska, Ann. Codes 1907, C. C. (Carter), § 277. b Arizona, Laws 1907, p. 59, ch. 47, § 3. c Colorado, Rev. Stats. 1908, § 4014. с a Hawaii, Laws 1909, p. 177, § 2. Idaho, Rev. Codes 1909, § 1546. flowa, Ann. Code 1897, Sup. 1907, § 3138a-27. & Kansas, Laws 1909, p. 629, § 27. h Minnesota, Laws 1907, p. 123, § 1. 1 Nebraska, Comp. Stats. Ann. 1909, § 6329; Ann. Stats. (Cobbey), § 12176. J New Mexico, Laws 1909, p. 86, § 27. k Oregon, Ann. Codes and Stats. 1902 (Bel. & Cot.), § 5704. 1 Utah, Comp. Laws 1907, § 1403. m Wisconsin, Laws 1909, § 1684m-29. n Wyoming, Rev. Stats. 1899, § 2846.

a Alaska, C. C. § 277. Any person who is a common carrier, or who shall, at the request of the owner or lawful possessor of any personal property, carry, convey, or transport the same from one place to another, and any person who shall safely keep or store any grain, wares, merchandise, and ersonal property at the request of the owner or lawful possessor thereof, and any person who shall pasture or feed any horses, cattle, hogs, sheep, or other livestock, or bestow any labor, care, or attention upon the same at the request of the owner or lawful possessor thereof, shall have a lien upon such property for his just and reasonable charges for the labor, care, and attention he has bestowed and the food he has furnished, and he may retain possession of such property until such charges be paid.

to

b Arizona, Laws 1907, pp. 59, 60. § 3. Any railroad company, express company or common carrier, having any undelivered baggage or freight in its possession, may, after first giving five days' notice in writing by mail, to the consignee or owner thereof, if known, of its intention so to do, deliver such baggage, or freight, a warehouseman for storage, upon such warehouseman's paying to the railroad company, express company or common carrier, the amount of freight or charges due thereon. The warehouseman shall have a lien thereon for the amount of freight and charges so paid, with interest at the legal rate, as well as for storage. If said amounts are not paid to the warehouseman within six months after such freight or baggage is so received by him, he may sell the same, in the manner and subject to the same provisions as heretofore prescribed for the sale of other property on which charges are unpaid for a period

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c Colorado, § 4014. Every common carrier of goods or passengers who shall, at the request of the owner of any personal goods, carry, convey or transport the same from one place to another; and any warehouseman or other person who shall safely keep or store any personal property at the request of the owner or person lawfully in possession thereof, shall in like manner have a lien upon all such personal property for his reasonable charges for the transportation, storage or keeping thereof, and for all reasonable and proper advances made thereon by him, in accordance with the usage and custom of common carriers and warehousemen.

d Hawaii, Laws 1909, p. 177, § 2. A warehouseman shall have a lien upon any property stored with him until all reasonable charges thereon, are paid. Such lien shall have priority over other liens of any nature and over all attachments. (Enacted April 28, 1909.)

e Idaho, § 1546. When any goods, merchandise or other property has been received by any railroad or express company, or other common carrier, commission merchant, innkeeper or warehouseman for transportation or safe keeping, and is not delivered to the owner, consignee or other authorized person, the carrier, commission merchant, innkeeper or warehouseman may hold or store the same with some responsible person, until the freight and all just and reasonable charges are paid.

flowa, § 3138a-27. Subject to the provisions of section thirty (30), a warehouseman shall have a lien on goods deposited or on the proceeds thereof in his hands, for all lawful charges for storage and preservation of the goods; also for

all lawful claims for money advanced, interest, insurance, transportation, labor, weighing, coopering and other charges and expenses in relation to such goods; also for all reasonable charges and expenses for notice, and advertisements of sale, and for sale of the goods where default has been made in satisfying the warehouseman's lien. (Sup. 1907.)

g Kansas, Laws 1909, pp. 629, 635, § 27, same as Iowa 3138a-27.

h Minnesota, Laws 1907, p. 123, § 1. Whoever at the request of the owner or legal possessor of any personal property shall store or care for or contribute in any of the modes mentioned in the next section to its preservation, care, or to the enhancement of its value, shall have a lien upon such property for the price or value of such storage, care or contribution, and for any legal charges against the same paid by such person to any other person, and the right to retain the property in his possession until such lien is lawfully discharged; but a voluntary

surrender of possession shall extinguish the lien herein given. (Amended April 5, 1907.)

1 Nebraska, § 6329, same as Iowa § 3138a-27.

J New Mexico, Laws 1909, pp. 86, 94, § 27, same as Iowa § 3138a-27.

k Oregon, § 5674, same as Alaska Civ. Code § 277.

1 Utah, § 1403. Every warehouseman or other person who shall safely keep or store any personal property at the request of the owner or person lawfully in possession thereof shall in like manner have a lien upon all such property for his reasonable charges for the storage or keeping thereof, and for all reasonable and proper advances made thereon by him in accordance with the usage and custom of warehousemen.

m Wisconsin, Laws 1909, 1684m-29, same as Iowa § 3138a-27.

n Wyoming, § 2846, same as Colorado § 4014.

Endorsement on negotiable receipt of property delivered. California, § 1858c. If a negotiable receipt is issued for any property, neither the person issuing it nor any other person into whose care or control the property comes must deliver any part thereof without endorsing on the back of the receipt in ink, the amount and date of the delivery; nor can he be allowed to make any offset, claim, or demand other than is expressed on the face of the receipt, when called upon to deliver any property for which it was issued. (Kerr's Cyc. Civ. Code.)

The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown:

a Arkansas, Dig. of Stats. 1904 (Kirby), § 530. blowa, Ann. Code 1897, Sup. 1907, § 3138a-12. • Kansas, Laws 1909, p. 629, § 12. d Missouri, Ann. Stats. 1906, § 7638. • Nebraska, Comp. Stats. Ann. 1909, § 6314; Ann. Stats. (Cobbey), § 12161. New Mexico, Laws 1909, p. 86, § 12. 8 Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 6759; Comp. Laws 1909 (Snyder), § 8838. 1 South Dakota, Rev. Codes 1903, Pol. § 1684m-13.

a Arkansas, § 530. Warehouse receipts given by any warehouseman, wharfinger or other person or firm for any goods, wares, merchandise, cotton, grain, flour or other produce or commodity, stored or deposited, and all bills of lading and

Code § 497. 1 Wisconsin, Laws 1909,

transportation receipts of every kind given by any carrier, boat, vessel, railroad, transportation or transfer company, may be transferred by endorsement in writing thereon, and the delivery thereof so endorsed, and any and

all persons to whom the same may be transferred shall be deemed and held to be the owner of such goods, wares, merchandise, cotton, grain, flour or other produce or commodity, so far as to give validity to any pledge, lien or transfer given, made or created thereby, as on the faith thereof, and no property so stored or deposited, as specified in such bills of lading or receipts, shall be delivered except on surrender and cancelation of such receipts and bills of lading; provided, that all such receipts and bills of lading which shall have the words, "Not negotiable," plainly written or stamped on the face thereof, shall be exempt from the provisions of this act.

blowa, § 3138a-12. Except as provided in section thirty-six (36), where a warehouseman delivers part of the goods for which he had issued a negotiable receipt and fails either to take up and cancel such receipt, or to place plainly upon it a statement of what goods or packages have been delivered he shall be liable, to any one who purchases for value in good faith such receipt, for failure to deliver all the goods specified in the receipt, whether such purchaser acquired title to the receipt before or after the delivery of any portion of the goods by the warehouseman. acted April 1, 1907, Sup. 1907.)

(En

e Kansas, Laws 1909, pp. 629, 631, § 12, same as Iowa, Laws 1907, p. 157, § 12.

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d Missouri, § 7638. No public house or public elevator receipt shall be issued except upon actual delivery of grain into such warehouse or elevator from which it purports to be issued, and which is to be represented by the receipt; nor shall any receipt be issued for a greater quantity of grain than was contained in the lot stated to have been received, nor shall more than one receipt be issued for the same lot of grain except in cases where receipts for a part of a lot are desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the grain represented by the receipt is delivered out of such warehouse or elevator, and the remainder is left, a Jury's Pl.-84.

new receipt may be issued for such remainder; but such new receipt shall bear the same date as the original, and shall state on its face that it is the balance of receipt of the original number, and the receipt upon which a part has been delivered shall be canceled in the same manner as if the grain it called for had all been delivered. In case it be desirable to divide one receipt into two or more, or in case it be desirable to consolidate two or more receipts into one, and the warehouseman or elevatorman consents thereto, the original receipt shall be canceled the same as if the grain had been delivered from such warehouse or elevator; and the new receipts shall state on their face that they are parts of other receipts or a consolidation of other receipts, as the case may be; and the numbers of the original receipts shall also appear upon the new ones issued explaining the change, and all new receipts issued for old ones canceled as herein provided, shall bear the dates as those originally issued, as near as may be. (Amended Apr.. 12, 1907, Laws 1907, pp. 285, 290.)

• Nebraska, § 6314,

§ 3138a-12.

same

same as Iowa

1 New Mexico, Laws 1909, p. 86, § 12, same as Iowa § 3138a-12.

g Oklahoma, § 6759, substantially same as Missouri § 7638, except omit "or public elevator" in line 2; also "or elevator" wherever the words occur throughout; also in line 5 from the end after "change" insert "; but no consolidation of receipts of dates differing more than ten days shall be permitted," before "and all new."

h South Dakota, Pol. C. § 497. Upon the delivery of grain from store upon any receipt, such receipt shall be plainly marked across its face the word "canceled", and shall thereafter be void and shall not again be put in circulation, nor shall grain be delivered twice upon the same receipt. (Remainder

the same as Oklahoma § 6759.)

1 Wisconsin, Laws 1909, § 1684m-13, substantially same as Iowa 3138a-12.

§ 334. COMPLAINT [OR PETITION].

FORM No. 693-For damages against a bailee of goods.

[Title of court and cause.]

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Plaintiff complains of defendant, and for cause of action alleges: 1. That on the day of plaintiff delivered to the defendant, and defendant received from plaintiff, the following-described goods and chattels, to wit: [Here describe], then and ever since the property of plaintiff; that said goods and chattels were at said time and thereafter of the value of $ that said goods and chattels were, upon said delivery, to be by the defendant safely and securely kept for the plaintiff, and returned and delivered to plaintiff on demand, for the compensation for such keeping of $ to be paid to the defendant by plaintiff upon return and delivery thereof. [Or state when the said sum was to have been paid.]

2. That plaintiff duly performed all the conditions of said contract on his part, and on the 19 he offered to pay,

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for said keeping,

and tendered to defendant, said sum of $ and demanded of him the return of said goods and chattels; that plaintiff was then, and has ever since been, ready, able, and willing to pay said compensation for safe-keeping of said goods and chattels, but the defendant neglected and refused, and ever since has neglected and refused, to return said goods and chattels, or any part thereof, to plaintiff.

[If any loss or damage has resulted to said goods, allege as follows:] That the defendant so negligently and carelessly kept said goods, and took so little care thereof, that by and through the carelessness and negligence of defendant and his servants said goods were lost to plaintiff [or were damaged in this, here state], all to the damage of plaintiff in the sum of $

Wherefore, plaintiff prays judgment against defendant for $ and plaintiff's costs of this action. A. B., Attorney for plaintiff.

[Verification.]

§ 335. ANSWERS.

FORM No. 694-Denial of bailment.

[Title of court and cause.]

Defendant, answering plaintiff's complaint [or petition], denies : That he ever received the plaintiff's goods, or any thereof, de

scribed in the complaint [or petition] as bailee, as alleged therein, or

otherwise, or at all.

FORM No. 695-Defense that thing deposited is held as a pledge.

[After introductory part:]

[Title of court and cause.]

The defendant alleges that on or about the

the defendant loaned to the plaintiff the sum of $

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is still due and unpaid; that the said property bailed was delivered by the plaintiff to the defendant as security for said loan, and not as a bailment as alleged in said complaint.

[Concluding part.]

Form of findings in an action by an assignee, to compel defendant, a bank, to account for certain deposits made by assignor, and for the interest and profits accruing thereon, and to set aside certain alleged fraudulent transfers of property by defendant: Cross v. Sacramento Sav. Bank, 66 Cal. 462, 6 Pac. 94, 95.

Form of answer in an action to recover money which had been deposited in a bank by a decedent in his lifetime, which, it was alleged, belonged to his estate, and therefore to the possession of the plaintiff, by virtue of his appointment as administrator: Wichita Nat. Bank v. Maltby, 53 Kan. 567, 36 Pac. 1000, 1001.

Form of petition in an action to recover money deposited with a bank: Bank of LeRoy v. Harding, 1 Kan. App. 389, 391, 41 Pac. 680, 681.

For special defenses interposed in an action to recover a bank deposit, see Whitesett v. People's National Bank, 138 Mo. App. 81, 119 S. W. 999, et seq.

Defense based upon ratification of transfer of a bank deposit, interposed in an action to recover such deposit; held, proper and sufficiently pleaded in Whitesett v. People's National Bank, 138 Mo. 81, 199 S. W. 999, 1000, 1002.

Defense of adverse claim.—A bailee can not set up title of a third person in an action brought against him by bailor, except by authorization of that person: Dodge v. Meyer, 61 Cal. 405. See Bull v. Houghton, 65 Cal. 422, 425, 4 Pac. 529: Weatherly v. Straus, 93 Cal. 283, 287, 28 Pac. 1045.

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Form No. 696. For the dissolution of a partnership, and for an

accounting and receivership ..

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Form No. 697. For an accounting after dissolution......

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Form No. 698. To restrain late partner from continuing busi

ness.

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Form No. 699. By one partner against another, for breach of
agreement to pay firm debts ..

1322

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