Effective - 28 Aug 1980
411.360. Cleaning, preservation by warehouseman of grain specially stored — requirements — change of condition of grain, notice — delivery to other than owner or receipt holder unauthorized. — 1. Any public warehouseman may, on the written request of the owner of any grain stored in a special bin, upon the surrender of the receipt, or receipts therefor, be permitted to dry, clean, or otherwise change the condition or value of any such lot of grain; but in such case it shall only be delivered as such separate lot, without reference to the grade it may be made by such process of drying or cleaning. Nothing in this section, however, shall prevent any public warehouseman from removing grain within his warehouse for its preservation or safekeeping, but no warehouseman shall be held liable for damage to grain stored in special bins by heating, unless such damage be caused by the negligence of the warehouseman.
2. In case any public warehouseman shall discover that any portion of the grain stored in a special bin in his warehouse is out of condition or becoming so, and it is not in his power to preserve the same, he shall immediately give notice to the owner, if known, and if not known, by public notice by advertising in a newspaper of general circulation in the vicinity in which such warehouse is situated, and by posting a notice on the warehouse bulletin board or other public place of its actual condition, as near as he can ascertain. He shall state in such notice:
(1) The kind and grade of grain;
(2) The bin in which it is stored;
(3) The description of the warehouse receipts outstanding upon which such grain will be delivered, giving the numbers, amount, and date of each;
(4) The name of the party for whom such grain was stored;
(5) The date it was received and the amount of it.
3. The enumeration of receipts and identification of grain so described shall embrace as nearly as possible the quantity of grain contained in such bins; and such grain shall be delivered upon the return and cancellation of such receipts, and the unreceipted grain upon the request of the owner or holder of the receipt or receipts.
4. Nothing herein contained shall be held to relieve the public warehouseman from exercising proper care and vigilance in preserving such grain after such publication of its condition, but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in storage* in such warehouse.
5. Nothing in this section shall be construed so as to permit any public warehouseman to deliver any grain stored in a special bin or by itself, as provided in this chapter, to any but the owners of the lot or the holder of the warehouse receipt or receipts.
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(L. 1941 p. 373 § 26, A.L. 1965 p. 606, A.L. 1980 S.B. 601)
*Word "store" appears in original rolls.
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 411 - Missouri Grain Warehouse Law
Section 411.010 - Short title.
Section 411.015 - Scope of law.
Section 411.020 - Application of law — construction of laws governing warehouse receipts.
Section 411.026 - Definitions.
Section 411.050 - Bond of director.
Section 411.061 - Director not to deal in grain, exception.
Section 411.070 - Director — powers and duties — rules, procedure.
Section 411.100 - Inspectors — qualifications.
Section 411.110 - Weighmasters — powers and duties.
Section 411.135 - Warehouseman to act as registrar of receipts — records to be kept.
Section 411.140 - Personnel of branch offices — appointment — qualifications — duties.
Section 411.145 - Department may conduct grain inspection business outside state, when.
Section 411.150 - Fees, how fixed.
Section 411.160 - Grain inspected and weighed by authorized inspectors — penalty.
Section 411.170 - Certificates shall be evidence — right of revocation.
Section 411.200 - Reinspection.
Section 411.263 - Fee for license.
Section 411.266 - Renewal of license — application, contents of — penalty for late renewal.
Section 411.268 - Schedule of charges to be filed, posted by warehouseman.
Section 411.271 - Examination of warehouse — paid for by whom — discrepancy, effect of.
Section 411.276 - Liability of surety not cumulative.
Section 411.278 - Amount of bond, how computed.
Section 411.280 - Warehouseman's net worth, requirements — deficiency, how corrected.
Section 411.281 - Additional bond required, when — amount, how determined.
Section 411.290 - Insurance required, exceptions — rules and regulations.
Section 411.301 - Director may enjoin violations.
Section 411.311 - Operation without license prohibited, penalty.
Section 411.321 - Terminal warehouseman to receive, inspect, weigh and grade grain.
Section 411.327 - Grain bank grain, how treated.
Section 411.331 - Grain may be withheld from going into terminal warehouse — when — how — penalties.
Section 411.341 - Grain may be stored in special bin — receipt to indicate.
Section 411.381 - Receipts, contents — prima facie evidence of holder's claim to grain.
Section 411.383 - Warehouse receipt register, how maintained.
Section 411.391 - Warehouseman may sell or pledge receipts issued for grain owned by him.
Section 411.401 - Grain accepted for storage in other public warehouse — form of trust receipts.
Section 411.410 - Receipts to be numbered — duplicates.
Section 411.420 - Lost receipts — procedure.
Section 411.491 - Warehouseman must deliver grain, when.
Section 411.511 - Warehouseman should deliver grain, to whom.
Section 411.515 - Inventory required to be maintained — documents required to establish inventory.
Section 411.517 - Records required to be kept.
Section 411.520 - Misfeasance or malfeasance — accepting money — improper influence — penalty.
Section 411.523 - Warehouseman liable for conversion, when.
Section 411.531 - Failure to take up and cancel receipt — warehouseman liable — when.
Section 411.551 - Alteration of receipt — effect of.
Section 411.561 - Receipt marked "duplicate" — meaning of.
Section 411.571 - Transferor of receipt to endorse.
Section 411.581 - Warranties on negotiation or transfer of receipt.
Section 411.591 - Endorser not a guarantor for other parties.
Section 411.601 - Certain devices prohibited where official state weights are given.
Section 411.611 - Issuance of receipt without receiving grain — penalty.
Section 411.621 - False statement — penalty.
Section 411.631 - Issuance of receipt without indicating warehouseman's ownership — penalty.
Section 411.641 - Improper delivery — penalty.
Section 411.651 - Fraudulent deposit of grain and negotiation of receipt — penalty.
Section 411.691 - Fee for public warehouse license, how computed.
Section 411.701 - Director may contract with federal agencies.
Section 411.750 - Safe working conditions to be maintained.
Section 411.755 - Failure to pay fees, effect of.
Section 411.760 - Remedies provided are in addition to and not exclusive.
Section 411.770 - Stealing grain, penalty.
Section 411.775 - Attorney general and prosecutors may prosecute upon complaint.