28-7-207. GOODS MUST BE KEPT SEPARATE — FUNGIBLE GOODS. (a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(b) If different lots of fungible goods are commingled, the goods are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner’s share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated.
History:
[28-7-207, added 2004, ch. 42, sec. 2, p. 85.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 7 - DOCUMENTS OF TITLE
Part 2 - WAREHOUSE RECEIPTS — SPECIAL PROVISIONS
Section 28-7-201 - PERSON THAT MAY ISSUE A WAREHOUSE RECEIPT — STORAGE UNDER BOND.
Section 28-7-202 - FORM OF WAREHOUSE RECEIPT — EFFECT OF OMISSION.
Section 28-7-203 - LIABILITY FOR NONRECEIPT OR MISDESCRIPTION.
Section 28-7-204 - DUTY OF CARE — CONTRACTUAL LIMITATION OF WAREHOUSE’S LIABILITY.
Section 28-7-205 - TITLE UNDER WAREHOUSE RECEIPT DEFEATED IN CERTAIN CASES.
Section 28-7-206 - TERMINATION OF STORAGE AT WAREHOUSE’S OPTION.
Section 28-7-207 - GOODS MUST BE KEPT SEPARATE — FUNGIBLE GOODS.
Section 28-7-208 - ALTERED WAREHOUSE RECEIPTS.