0 penilaian0% menganggap dokumen ini bermanfaat (0 suara)
745 tayangan1 halaman
A prior court ruling that a party is a warehouseman obligated to deliver sugar stocks does not deny its lien over those stocks. When a judgment creditor (PNB) unconditionally presents warehouse receipts to the warehouseman (Noah's Ark) for delivery of stocks, it admits the validity of the terms on the receipts, including recognition of the warehouseman's lien for storage fees and expenses. Thus, PNB cannot retrieve the stocks without paying the lien. The warehouseman also does not need to file a separate case - it can enforce its lien before delivering the stocks covered by the receipts.
A prior court ruling that a party is a warehouseman obligated to deliver sugar stocks does not deny its lien over those stocks. When a judgment creditor (PNB) unconditionally presents warehouse receipts to the warehouseman (Noah's Ark) for delivery of stocks, it admits the validity of the terms on the receipts, including recognition of the warehouseman's lien for storage fees and expenses. Thus, PNB cannot retrieve the stocks without paying the lien. The warehouseman also does not need to file a separate case - it can enforce its lien before delivering the stocks covered by the receipts.
Hak Cipta:
Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
A prior court ruling that a party is a warehouseman obligated to deliver sugar stocks does not deny its lien over those stocks. When a judgment creditor (PNB) unconditionally presents warehouse receipts to the warehouseman (Noah's Ark) for delivery of stocks, it admits the validity of the terms on the receipts, including recognition of the warehouseman's lien for storage fees and expenses. Thus, PNB cannot retrieve the stocks without paying the lien. The warehouseman also does not need to file a separate case - it can enforce its lien before delivering the stocks covered by the receipts.
Hak Cipta:
Attribution Non-Commercial (BY-NC)
Format Tersedia
Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
A prior judgment holding that a party is a warehouseman obligated to deliver sugar
stocks covered by the warehouse receipts does not necessarily carry with it a denial of its lien over the same sugar stocks. Thus where the judgment creditor (in this case PNB) makes an unconditional presentment of warehouse receipts for delivery of sugar stocks against the warehouseman (Noah¶s Ark), it thereby admits the existence and validity of the terms, conditions and stipulations written on the face of the warehouse receipts, including the unqualified recognition of the payment of warehouseman¶s lien for storage fees and preservation expenses. Thus, PNB may not retrieve the sugar stocks without paying the warehouseman¶s lien.
The warehouseman need not file a separate action to enforce payment of storage fees. He may enforce his lien before delivering the sugar stocks covered by the warehouse receipts.