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Session Laws, 1975
Volume 716, Page 229   View pdf image
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MARVIN MANDEL, Governor

229

(4) The warehouseman may buy at any public sale
pursuant to this section.

(5) A purchaser in good faith of goods sold to
enforce a warehouseman's lien takes the goods free of any
rights of persons against whom the lien was valid,
despite noncompliance by the warehouseman with the
requirements of this section.

(6)   The warehouseman may satisfy his lien from the
proceeds of any sale pursuant to this section but must
hold the balance, if any, for delivery on demand to any
person to whom he would have been bound to deliver the
goods.

(7)   The rights provided by this section shall be in
addition to all other rights allowed by law to a creditor
against his debtor.

(8)   Where a lien is on goods stored by a merchant
in the course of his business the lien may be enforced in
accordance with either subsection (1) or (2).

(9)    The warehouseman is liable for damages caused
by failure to comply with the requirements for sale under
this section and in case of willful violation is liable
for conversion.

SUBTITLE 3. BILLS OF LADING: SPECIAL PROVISIONS.

7—301. Liability for non-receipt or misdescription;
"said to contain"; "shipper's load and count"; improper
handling.

(1)    A consignee of a non—negotiable bill who has
given value in good faith or a holder to whom a
negotiable bill has been duly negotiated relying in
either case upon the description therein of the goods or
upon the date therein shown may recover from the issuer
damages caused by the misdating of the bill or the
non—receipt or misdescription of the goods except to the
extent that the document indicates that the issuer does
not know whether any, part or all of the goods in fact
were received or conform to the description, as where the
description is in terms of marks or labels or kind,
quantity, or condition or the receipt or description is
qualified by "contents or condition of contents of
packages unknown," "said to contain," "shipper's weight,
load and count" or the like, if such indication be true.

(2)    then goods are loaded by an issuer who is a
common carrier, the issuer must count the packages of
goods if package freight and ascertain the kind and
quantity if bulk freight. In such cases "shipper's

 

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Session Laws, 1975
Volume 716, Page 229   View pdf image
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