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306 BILLS OF LADING. [ART 14
C. A readiness and willingness to sign, when the goods are delivered,
an acknowledgment that they have been delivered, if such signature is
requested by the carrier.
In case the carrier refuses or fails to deliver the goods in compliance
with a demand by the consignee or holder so accompanied, the burden
shall be upon the carrier to establish the existence of a lawful excuse
for such refusal or failure.
1910, ch. 336, sec, 12 (p. 36).
12. A carrier is justified, subject to the provisions of the three
following sections, in delivering goods to one who is:
A. A person lawfully entitled to the possession of the goods; or
B. The consignee named in a non-negotiable bill for the goods; or
C. A person in possession of a negotiable bill for the goods by the
terms of which the goods are deliverable to his order, or which has
been endorsed to him, or in blank, by the consignee, or by the mediate
or immediate indorsee of the consignee.
1910, ch. 336, sec. 13 (p. 36).
13. Where a carrier delivers goods to one who is not lawfully
entitled to the possession of them, the carrier shall be liable to any one
having a right of property or possession in the good's, if he delivered
the goods otherwise than as authorized by subdivisions (b) and (c) of
the preceding section; and, though he delivered the goods as author-
ized by either of said subdivisions, he shall be so liable if prior to such
delivery he—
A. Had been requested by or on behalf of a person having a right
of property or possession in the goods, not to make such delivery; or
B. Had information at the time of the delivery that it was to a
person not lawfully entitled to the possession of the goods.
A request or information to be effective within the meaning of this
section must be given to an officer or agent of the carrier the actual or
apparent scope of whose duties includes action upon such a request or
information, and must be given in time to enable the officer or agent to
whom it is given, acting with reasonable diligence, to stop delivery of
the goods.
1910, ch. 336, sec. 14 (p. 36).
14. Except as provided in section 27, and except when compelled
by legal process, if a carrier delivers goods for which a negotiable bill
has been issued, the negotiation of which would transfer the right to
the possession of the goods, and fails to take up and cancel the bill, such
carrier shall be liable for failure to deliver the goods to any one who
for value and in good faith purchases such bill, whether such pur-
chaser acquired title to the bill before or after the delivery of the goods
by the carrier, and notwithstanding delivery was made to the person
entitled thereto.
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