Missouri Laws 411.381 – Receipts, contents — prima facie evidence of holder’s claim to grain
1. Every receipt issued for grain stored in a warehouse licensed under this chapter shall embody within its written or printed terms:
(1) The location of the warehouse where the grain is stored;
Terms Used In Missouri Laws 411.381
- Authorized agent: any person who has the legal authority to act on behalf of, or for the benefit of, another person. See Missouri Laws 411.026
- Depositor: any person who deposits grain in a warehouse for storage, handling, shipment, processing, or who is the owner or holder of a warehouse receipt, or who is otherwise lawfully entitled to possession of the grain. See Missouri Laws 411.026
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grain: all grains for which standards have been established under the United States Grain Standards Act (Sections 71 to 87 of Title 7, United States Code), and any other agricultural commodities, seeds and vegetable oils prescribed by the director by regulation, except the term "grain" shall not include those commodities deemed not to be grain pursuant to section 411. See Missouri Laws 411.026
- Person: means and includes any individual, firm, partnership, exchange, association, trustee, receiver, corporation, cooperative, society, public body, political subdivision, or any other business or commercial entity or organization of any kind whatsoever, and any member, officer or employee thereof. See Missouri Laws 411.026
- Receipt: a grain warehouse receipt, whether negotiable or nonnegotiable, issued under this chapter. See Missouri Laws 411.026
- rules: rules, regulations and standards promulgated pursuant to this chapter by the director. See Missouri Laws 411.026
- stored grain: any grain received in a warehouse, including grain bank grain, unless sold in accordance with the provisions of section 411. See Missouri Laws 411.026
- Violation: any act contrary to the provisions of this chapter or any failure by a person to act as required by the provisions of this chapter or regulations promulgated hereunder. See Missouri Laws 411.026
- Warehouse: any building, structure or other enclosure in which grain is or may be stored and through which grain is or may be handled or shipped. See Missouri Laws 411.026
- warehouseman: any person who owns, controls, operates or manages any warehouse whether such owner resides within the state or not. See Missouri Laws 411.026
(2) The date of the issuance of the receipt;
(3) The consecutive number of the receipt;
(4) How received, whether by railroad, car, truck, or other means;
(5) A statement whether the grain received will be delivered to the bearer, to a specified person, or to a specific person or his order;
(6) The rate of storage and handling charges;
(7) The net weight in bushels and pounds and the percentage of dockage together with the grading factors and the grade;
(8) The words “nonnegotiable” or “negotiable” according to the nature of the receipt clearly and conspicuously printed or stamped thereon;
(9) The signature of the warehouseman which may be made by an authorized agent; and
(10) If the receipt is issued for grain of which the warehouseman is owner, either solely or jointly, or in common with others, the fact of such ownership.
2. A receipt, whether negotiable or nonnegotiable, is a document of title. The warehouseman’s failure to complete all entries on a receipt as required by this chapter and the rules promulgated pursuant to this chapter shall constitute a violation on the part of the warehouseman, but shall not preclude or restrict a depositor‘s right to recover stored grain under the provisions of this chapter. The receipt shall constitute prima facie evidence of the holder’s claim to the grain regardless of the degree of compliance with this chapter with respect to completion of the entries required by this chapter.