Every warehouseman conducting a warehouse under this article shall, without unnecessary delay, deliver the agricultural product as described on each warehouse receipt issued by him upon a demand made by the holder of a receipt for such agricultural product if the demand be accompanied by:
provided, however, that where an agricultural product is stored identity preserved, the actual agricultural product shall be delivered; provided, further, that no warehouseman shall be deemed to have violated this Code section by failure to deliver any agricultural product in accordance with its provisions, if such failure is due to loss or damage of the product from a hazard against which insurance is not required under Code Section 10-4-25 and the regulations issued by the Commissioner pursuant thereto and where such loss or damage does not result from a failure of such warehouseman to exercise that degree of care which an ordinarily prudent person would exercise in the care and protection of his own property; and, provided, further, that in case of an insured loss such demand may be satisfied by payment of the market value of the product lost or damaged.
History. Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 15; Ga. L. 1982, p. 3, § 10.
Cross references.
Warehousemen’s liens generally, §§ 11-7-209 , 11-7-210 .
Structure Georgia Code
Article 1 - State Licensed and Bonded Warehouses
§ 10-4-3. State Warehouse Section Established; Supervisor of Section
§ 10-4-4. Exemptions From Article; Warehousemen Electing to Be Covered
§ 10-4-5. Powers and Duties of Commissioner; Annual Reports; Adoption of Rules and Regulations
§ 10-4-7. Uniform Application of Orders, Fees, Rules, and Regulations
§ 10-4-8. Existing Interstate Commerce Regulations Not Affected
§ 10-4-9. Judicial Review of Administrative Decision
§ 10-4-10. Annual License Required; Issuance by Commissioner; Application for License or Renewal
§ 10-4-11. License for Person Electing to Comply With Article and Regulations
§ 10-4-12. Bond Required; Additional Bond
§ 10-4-13. Bonded and Licensed Warehouse May Be Designated as State Bonded
§ 10-4-15. Inspections of Warehouses
§ 10-4-16. Inspectors and Examiners to Be Bonded
§ 10-4-18. Delivery to Warehouse Presumably for Storage
§ 10-4-20. Essential Terms of Warehouse Receipts; Liability for Omission
§ 10-4-21. Obligation of Warehouseman to Deliver; Effect of Loss or Damage
§ 10-4-22. Surrender and Cancellation of Warehouse Receipts on Delivery
§ 10-4-23. Records of Warehousemen
§ 10-4-24. Inspection of Records; Preservation of Records When License Terminated
§ 10-4-25. When Insurance on Stored Products Required
§ 10-4-27. Certified Public Weighers to Be Provided
§ 10-4-28. Scales to Be Provided; Examination; Disapproved Scales Not to Be Used
§ 10-4-32. Criminal Penalties for Violations; Immunity of Sureties
§ 10-4-33. Duty of Persons Accepting Warehouse Receipts to Take Adequate Measures Regarding Goods