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UNITED STATES v. CARDINALE WAREHOUSING CORP.

May 24, 1946

UNITED STATES
v.
CARDINALE WAREHOUSING CORPORATION et al.



The opinion of the court was delivered by: MEANEY

This matter comes before the Court on a motion for summary judgment on a complaint and amended answer filed in this suit. The United States of America instituted an action in replevin to recover possession of goods, the property of the United States, stored by the government in the warehouse of the defendant, Cardinale Warehousing Corporation, and on which goods the defendant claims a lien, based on the New Jersey Warehouseman's Lien Act.

Briefly set forth, the facts of the case are that the Procurement Division of the United States Treasury Department stored certain merchandise in the warehouse of the defendants pursuant to a contract in writing entered into on January 9, 1943 and amendments subsequent thereto. For each deposit of goods in storage a receipt was given, on the reverse side of which was a special notice which set forth, among others, the following statement: 'It is understood and agreed that the Corporation claims the regular Warehouseman's Lien on these goods for any and all charges accrued hereon.'

 Title 57:1-30 of the New Jersey Statutes Annotated,

 Uniform Warehouse Receipts Law reads as follows:

 'Warehouseman's lien for charges and expenses.

 'Subject to the provisions of section 57:1-33 of this title, a warehouseman shall have a lien on goods deposited or on 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.'

 Sections 31, 33 and 34 further provide:

 57:1-31 'Property against which lien may be enforced.

 'Subject to the provisions of section 57:1-33 of this title, a warehouseman's lien may be enforced:

 'a. Against all goods, whenever deposited, belonging to the person who is liable as debtor for the claims in regard to which the lien is asserted; and

 'b. Against all goods belonging to others which have been deposited at any time by the person who is liable as debtor for the claims in regard to which the lien is asserted, if such person had been so intrusted with the possession of the goods that a pledge of the same by him at the time of the deposit to one who took the goods in good faith for value would have been valid.'

 57:1-33 'Negotiable receipt to state charges; lien therefor.

 'If a negotiable receipt is issued for goods, the warehouseman shall have no lien thereon, except for charges for storage of those goods subsequent to the date of the receipt, unless the receipt expressly enumerates other charges for which a lien is claimed. In such case there shall be a lien for the charges enumerated so far as they are within the terms of section 57:1-30 ...


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