36 A. 1125 | R.I. | 1896
The plaintiff sues in assumpsit to recover for the storage of merchandise shipped at different times over the defendant's road and stored in the plaintiff's warehouse, the consignees of which could not be found, or refused to receive the goods. The plaintiff gave non-negotiable receipts setting forth, in most cases, the receipt of the goods from the defendant, the name of the consignee when marked on the goods, and the amount of freight charges paid by the plaintiff to the defendant. In a few instances the receipts ran to the defendant on account of consignee, and in one or two the receipt was for goods from consignee or owner. The plaintiff contends that the receipt is a contract, and as the recital is that the goods were received from the defendant the liability to pay for storage follows because the defendant impliedly stored the goods on its own account, and so should pay the charges.
It is true, in general, that a warehouse receipt is a contract binding the receiptor to safely store and deliver the goods to the proper holder of the receipt, and the depositor to pay storage charges, except in those cases where there is some express agreement or known usage of trade which shows that the parties otherwise intended. Fifth National Bank v. ProvidenceWarehouse Co.,
It is well settled that a carrier, upon the default of a consignee, may be relieved from further responsibility by storing the goods in a warehouse for and on account of the owner. TheThames, 14 Wall. 98; North Penn R.R. Co. v. Commercial Bank,