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Session Laws, 1963
Volume 671, Page 899   View pdf image (33K)
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J. MILLARD TAWES, Governor                        901

Part 6
Warehouse Receipts and Bills of Lading:

Miscellaneous Provisions
7
601. Lost and Missing Documents.

(1)  If a document has been lost, stolen or destroyed, a court may
order delivery of the goods or issuance of a substitute document and
the bailee may without liability to any person comply with such
order. If the document was negotiable the claimant must post secu-
rity approved by the court to indemnify any person who may suffer
loss as a result of non-surrender of the document. If the document
was not negotiable, such security may be required at the discretion
of the court. The court may also in its discretion order payment of
the bailee's reasonable costs and counsel fees.

(2)  A bailee who without court order delivers goods to a person
claiming under a missing negotiable document is liable to any person
injured thereby, and if the delivery is not in good faith becomes
liable for conversion. Delivery in good faith is not conversion if made
in accordance with a filed classification or tariff or, where no classi-
fication or tariff is filed, if the claimant posts security with the bailee
in an amount at least double the value of the goods at the time of
posting to indemnify any person injured by the delivery who files a
notice of claim within one year after the delivery.

7602. Attachment of Goods Covered by a Negotiable Document.

Except where the document was originally issued upon delivery of
the goods by a person who had no power to dispose of them, no lien
attaches by virtue of any judicial process to goods in the possession
of a bailee for which a negotiable document of title is outstanding
unless the document be first surrendered to the bailee or its negotia-
tion enjoined, and the bailee shall not be compelled to deliver the
goods pursuant to process until the document is surrendered to him
or impounded by the court. One who purchases the document for
value without notice of the process or injunction takes free of the
lien imposed by judicial process.

7603. Conflicting Claims; Interpleader.

If more than one person claims title or possession of the goods,
the bailee is excused from delivering until he has had a reasonable
time to ascertain the validity of the adverse claims or to bring an
action to compel all claimants to interplead and may compel such
interpleader, either in defending an action for non-delivery of the
goods, or by original action, whichever is appropriate.

Sub-title 8
Investment Securities

Part 1

Short Title and General Matters
8
101. Short Title.

This Sub-title shall be known and may be cited as Uniform Com-
mercial Code
Investment Securities.

 

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Session Laws, 1963
Volume 671, Page 899   View pdf image (33K)
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