Section 411.360

Title XXVI TRADE AND COMMERCE

Chapter 411

Effective - 28 Aug 1980   

  411.360.  Cleaning, preservation by warehouseman of grain specially stored — requirements — change of condition of grain, notice — delivery to other than owner or receipt holder unauthorized. — 1.  Any public warehouseman may, on the written request of the owner of any grain stored in a special bin, upon the surrender of the receipt, or receipts therefor, be permitted to dry, clean, or otherwise change the condition or value of any such lot of grain; but in such case it shall only be delivered as such separate lot, without reference to the grade it may be made by such process of drying or cleaning.  Nothing in this section, however, shall prevent any public warehouseman from removing grain within his warehouse for its preservation or safekeeping, but no warehouseman shall be held liable for damage to grain stored in special bins by heating, unless such damage be caused by the negligence of the warehouseman.

  2.  In case any public warehouseman shall discover that any portion of the grain stored in a special bin in his warehouse is out of condition or becoming so, and it is not in his power to preserve the same, he shall immediately give notice to the owner, if known, and if not known, by public notice by advertising in a newspaper of general circulation in the vicinity in which such warehouse is situated, and by posting a notice on the warehouse bulletin board or other public place of its actual condition, as near as he can ascertain.  He shall state in such notice:

  (1)  The kind and grade of grain;

  (2)  The bin in which it is stored;

  (3)  The description of the warehouse receipts outstanding upon which such grain will be delivered, giving the numbers, amount, and date of each;

  (4)  The name of the party for whom such grain was stored;

  (5)  The date it was received and the amount of it.

  3.  The enumeration of receipts and identification of grain so described shall embrace as nearly as possible the quantity of grain contained in such bins; and such grain shall be delivered upon the return and cancellation of such receipts, and the unreceipted grain upon the request of the owner or holder of the receipt or receipts.

  4.  Nothing herein contained shall be held to relieve the public warehouseman from exercising proper care and vigilance in preserving such grain after such publication of its condition, but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in storage^* in such warehouse.

  5.  Nothing in this section shall be construed so as to permit any public warehouseman to deliver any grain stored in a special bin or by itself, as provided in this chapter, to any but the owners of the lot or the holder of the warehouse receipt or receipts.

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(L. 1941 p. 373 § 26, A.L. 1965 p. 606, A.L. 1980 S.B. 601)

*Word "store" appears in original rolls.