Merchandise forwarded on consignment shall be understood as specially bound to the payment of the commission fees, advances, and expenses he may have made on account of its value or proceeds.
As a consequence of this obligation:
(1) No agent can be dispossessed of the merchandise he receives on consignment until he is previously reimbursed for his advances, expenses, and commission charges.
(2) The agent must be paid from the proceeds of said merchandise, or must be preferred over the other creditors of the principal, with the exception of the provisions of § 293 of this Code.
In order to enjoy the preference mentioned in this section, it shall be a necessary condition that the merchandise be in the possession of the consignee or agent, or that it is at his disposal in a public store or warehouse, or that the shipment was made consigned to his name, the bill of lading, stub, or transportation contract signed by the carrier having been received.
History —Commerce Code, 1932, § 194.