ORS 586.385
Warehouseman’s liability for failure to issue proper receipt

(1)

No warehouseman shall issue a receipt for grain not known by the warehouseman to be in the public warehouse of the warehouseman.

(2)

When partial withdrawal of the grain of the depositor is made by a depositor, the warehouseman shall make appropriate notation thereof on the depositor’s nonnegotiable receipt and on other records as prescribed by the State Department of Agriculture, or, if the warehouseman has theretofore issued a negotiable receipt to the depositor, the warehouseman shall claim, cancel and replace it with a negotiable receipt showing the amount of such depositor’s grain remaining in the public warehouse.

(3)

A nonnegotiable receipt shall have plainly lettered upon the face thereof, “Not Negotiable” or “Nonnegotiable.”

(4)

For failure of the warehouseman to claim and cancel, on delivery by grain stored in the public warehouse of the warehouseman, a negotiable receipt therefor issued by the warehouseman, the negotiation of which would transfer the right to possession of such grain, a warehouseman shall be liable to any one who purchases such receipt for value and in good faith, for failure to deliver to the purchaser all the grain specified in the receipt, whether such purchaser acquired title to the negotiable receipt before or after delivery of any part of the grain by the warehouseman. [1961 c.445 §13]

Source: Section 586.385 — Warehouseman’s liability for failure to issue proper receipt, https://www.­oregonlegislature.­gov/bills_laws/ors/ors586.­html.

586.210
Definitions for ORS 586.210 to 586.730 586.225
Exemption for certain warehousing facilities 586.230
State Department of Agriculture to inspect warehouses and records and make rules to enforce ORS 586.210 to 586.730 586.235
Cooperative agreements for inspections in other states 586.250
Improper acts of department officers or employees and of others improperly influencing them 586.270
Warehouse licenses 586.275
Revocation of or refusal to issue license 586.280
Prohibition against operating a warehouse or issuing a warehouse receipt without a license 586.285
Operation without a license may be enjoined 586.290
Posting of signs at warehouses 586.295
Warehouse to be maintained in adequate manner 586.300
Warehouseman’s bond 586.315
Warehouseman required to insure grain or retain written waiver by depositor 586.330
Investigating and fixing warehouse charges 586.340
Posting rate schedules 586.350
Overcharges, rebates and preferences prohibited 586.360
Warehouseman required to receive grain for storage 586.370
Obtaining blank forms of receipts from department 586.380
Only authorized receipts to be used 586.382
Warehouse records 586.385
Warehouseman’s liability for failure to issue proper receipt 586.395
Warehouseman’s liability for injury to grain 586.400
Duty of warehouse receiving grain for storage 586.410
Loading and shipping instructions 586.415
Approval of holder of receipt required before sale, shipment or other transaction 586.520
Inspection of warehouses 586.525
Procedure in case of probable shortage in grain or where warehouseman refuses to submit to inspection 586.527
Settlement of claims against defaulting warehouseman 586.529
Receivership of warehouse business 586.530
Establishment of standard grades for commodities received 586.550
Warehouseman to keep copy of regulations available for inspection 586.555
Warehouseman’s reports to department 586.561
Discontinuance of operation of warehouse 586.710
Disposition of certain fees 586.720
Application of Uniform Commercial Code–Documents of Title and other laws to public warehouses 586.730
Violation of provisions or noncompliance with order prohibited 586.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 586.385’s source at oregon​.gov