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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3158   View pdf image (33K)
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3158 ARTICLE 83

the levy of an attachment or execution upon the goods by a creditor of
the transferor, or by a notification to such bailee by the transferor or a
subsequent purchaser from the transferor of a subsequent sale of the
goods by the transferor.
See art. 14, sec. 33, and art. 14A, sec. 42.

An. Code, 1924, sec. 56. 1912, sec. 56. 1910, ch. 346, sec. 53 (p. 282).

53. Where a negotiable document of title is transferred for value by
delivery, and the indorsement of the transferor is essential for negotiation,
the transferee acquires a right against the transferor to compel him to
indorse the document unless a contrary intention appears. The negotia-
tion shall take effect as of the time when the indorsement is actually made.

See art. 14, sec. 34, and art. 14A, sec. 43.

An. Code, 1924, sec. 57. 1912, sec. 57. 1910, ch. 346, sec. 54 (p. 283).

54. 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, war-
rants—

(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. 14A, sec. 44.

An. Code, 1924, sec. 58. 1912, sec. 58. 1910, ch. 346, sec. 55 (p. 283).

55. 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. 14A, sec. 45.

An. Code, 1924, sec. 59. 1912, sec. 59. 1910, ch. 346, sec. 56 (p. 283).

56. 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 subse-
quently negotiated, paid value therefor, without notice of the breach of
duty, or fraud, mistake or duress.

An. Code, 1924, sec. 60. 1912, sec. 60. 1910, ch. 346, sec. 57 (p. 283).

57. 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 possession of such bailee, be
attached by garnishment or otherwise or be levied upon under an execu-
tion unless the document be first surrendered to the bailee or its negotia-


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3158   View pdf image (33K)
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