Issuance of warehouse receipt for goods not received

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    (a)    A person or his agent or officer may not issue any warehouse receipt, acceptance of an order, or other voucher for storage or deposit in the State of any goods if, at the time the instrument is issued, the goods are not:

        (1)    In his actual possession or custody;

        (2)    On his premises; or

        (3)    Under his absolute and exclusive control.

    (b)    A warehouseman or his officer, agent, or employee may not issue or aid in issuing a warehouse receipt for any goods with the knowledge that, at the time the warehouse receipt is issued, the goods:

        (1)    Have not been received by the warehouseman; or

        (2)    Are not under the control of the warehouseman.


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