|
1924 SALES AND NOTICES. [ART. 83
1910, ch. 346, sec. 54 (p. 283).
57. A person who for value negotiates or transfers a document of
title by indorsement or delivery, including one who assigns for value
a claim secured by a document of title, unless a contrary intention
appears, warrants—
(a) That the document is genuine;
(b) That he has a legal right to negotiate or transfer it;
(c) That he has knowledge of no fact which would impair the
validity or worth of the document; and
(d) That he has a right to transfer the title to the goods, and that
the goods are merchantable or fit for a particular purpose, whenever
such warranties would have been implied if the contract of the parties
had been to transfer without a document of title the goods represented
thereby.
See art 14, sec. 35, and art. 14 A, sec. 44.
1910, ch. 346, sec. 55 (p. 283).
58. The indorsement of a document of title shall not make the
indorser liable for any failure on the part of the bailee who issued the
document, or previous indorsers thereof, to fulfill their respective
obligations.
See art. 14, sec. 36, and art. 14 A, sec. 45.
1910, ch. 346, sec. 56 (p. 283).
59. The validity of the negotiation of a negotiable document of
title is not impaired by the fact that the negotiation was a breach of
duty on the part of the person making the negotiation, or by the fact
that the owner of the document was induced by fraud, mistake or
duress to entrust the possession or custody thereof to such person, if
the person to whom the document was negotiated, or a person to whom
the document was subsequently negotiated, paid value therefor, with-
out notice of the breach of duty, or fraud, mistake or duress.
1010, ch. 346, sec. 57 (p. 283).
60. If the goods are delivered to a bailee by the owner, or by a
person whose act in conveying the title to them to a purchaser in good
faith for value would bind the owner, and a negotiable document of
title is issued for them, they can not thereafter, while in the posses-
sion of such bailee, be attached by garnishment or otherwise or be
levied upon under an execution unless the document be first surren-
dered to the bailee or its negotiation enjoined. The bailee shall in no
case be compelled to deliver up the actual possession of the goods until
the document is surrendered to him or impounded by the court.
See art. 14, sec. 24, and art. 14 A, sec. 25.
1910, ch. 346, sec. 58 (p. 283).
61. A creditor whose debtor is the owner of a negotiable document
of title shall be entitled to such aid from, courts of appropriate juris-
|