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Session Laws, 1910 Session
Volume 487, Page 36   View pdf image (33K)
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36 LAWS OF MARYLAND.

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 accom-
panied, the burden shall be upon the carrier to establish the
existence of a lawful excuse for such refusal or failure.

SEC. 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.

SEC. 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 goods, if he delivered the goods otherwise than as author-
ized by subdivisions (b) and (c) of the preceding section; and,
though he delivered the goods as authorized 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 deliverj 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.

SEC. 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 purchaser 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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Session Laws, 1910 Session
Volume 487, Page 36   View pdf image (33K)
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