O.C.G.A. § 11-7-207 (2019)
Goods shall 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 whom overissued receipts have been duly negotiated.
History
Code 1933, § 109A-7-207, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.
Annotations
Editor’s notes. Ga. L. 2010, p. 481, § 3-1/HB 451, not codified by the General Assembly, provides that: “This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective
date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act.” This Act became effective May 27, 2010. Ga. L. 2010, p. 481, § 3-2/HB 451, not codified by the General Assembly, provides that: “A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.” This Act became effective May 27, 2010.
JUDICIAL DECISIONS Depletion of fungible goods without fault of warehouseman. - Prima facie case of receipt holder made by nondelivery is completely overcome by showing that quantity of fungible goods has been depleted without fault upon part of
warehousemen. Citizens Bank & Trust Co. v. SLT Whse. Co., 368 F. Supp. 1042, 1974 U.S. Dist. LEXIS 12994 (M.D. Ga. 1974), aff’d, 515 F.2d 1382, 1975 U.S. App. LEXIS 13616 (5th Cir. 1975).
RESEARCH REFERENCES Am. Jur. 2d. 15A Am. Jur. 2d, Commercial Code, § 44. 78 Am. Jur. 2d, Warehouses, §§ 39, 179, 181, 228. C.J.S. 93 C.J.S., Warehousemen and Safe Depositaries, § 13 et seq.
U.L.A. Uniform Commercial Code (U.L.A.) § 7207.