Section 196.510

Title XII PUBLIC HEALTH AND WELFARE

Chapter 196

Effective - 28 Aug 1945   

  196.510.  Operator to have lien on property for rentals — furnish content insurance. — 1.  Every operator shall have a lien upon all property of every kind stored in the locker plant for all locker rentals, processing, handling, and other charges due from owner of such property; and the locker plant operator may enforce the lien by suit and shall have authority to prevent removal of food stored pending the outcome of suit to enforce said lien.  Operators of locker plants shall not be construed to be warehousemen, nor shall receipts or other instruments issued by such persons in the operation contracts of their business be construed to be warehouse receipts or subject to the laws applicable thereto, nor shall the provisions of sections 196.450 to 196.515 apply to any warehouseman licensed under the provisions of chapter 415.

  2.  The operators of all locker plants shall furnish satisfactory locker content insurance to indemnify users against loss, issued by companies duly authorized and licensed to do and transact business in the state of Missouri, in a minimum amount for each locker or locker plant to be determined by the director; provided, however, that such operator may, and is hereby authorized to, collect the pro rata amount of the premium for such insurance from the user in addition to the locker rental as an additional service.

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(L. 1945 p. 940 § 14)

(1964) Renters of locker space could not maintain class action of all renters for value of food spoiled when refrigeration system failed where plaintiffs did not introduce the alleged policy whose proceeds were claimed to constitute a common fund, or plead or prove its terms and conditions, and where insurance company was not a party and denied liability on the policy.  (Opinion in Barnard v. Murphy, 365 S.W.2d 614, reconsidered and withdrawn.) Barnard v. Murphy (Mo.), 378 S.W.2d 446.