Moors v. Jagode

Citations

• 195 Pa. 163
• 45 A. 723
• 1900 Pa. LEXIS 605

Syllabus

<p>Bailment—Warehouse receipts—Act of September 24, 1866.</p> <p>The Act of September 24, 1866, P. L. (1867) 1363, relating to warehouse receipts is in derogation of the common law, and establishes an exception to the general course of business, which is conducted on the presumption that title to personal property accompanies possession, and to bring a case within the exception, all the requisites of the statute must be shown to exist.</p> <p>Under the act of 1866, a warehouse receipt must be one issued by a bona fide warehouseman, and the mere holding himself out to the world or general repute is not sufficient if he is not such in fact.</p> <p>A warehouseman within the contemplation of the statute must be another than the owner of the goods.</p> <p>Where a corporation engaged in importing and dealing, receives goods from a ship by virtue of its possession of the bill of lading, and stores the goods in its own name in a portion of its own building which it uses under another name as a warehouse for its own goods and the goods of others, and receipts are issued by the assumed warehouse to the corporation and by it delivered to the true owner for the goods received under the bill of lading, such warehouse receipts will not avail against a person who received possession of the goods for a valuable consideration without knowledge of the claim of the real owner.</p>