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Session Laws, 1975
Volume 716, Page 233   View pdf image
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MARVIN MANDEL, Governor

233

the consignor or any person entitled to the goods unless
the carrier had notice that the consignor lacked
authority to subject the goods to such charges and
expenses. Any other lien under subsection (1) is
effective against the consignor and any person who
permitted the bailor to have control or possession of the
goods unless the carrier had notice that the bailor
lacked such authority.

(3) A carrier loses his lien on any goods which he
voluntarily delivers or which he unjustifiably refuses to
deliver.

7—308. Enforcement of carrier's lien.

(1)   A carrier's lien may be enforced by public or
private sale of the goods, in bloc or in parcels, at any
time or place and on any terms which are commercially
reasonable, after notifying all persons known to claim an
interest in the goods. Such notification must include a
statement of the amount due, the nature of the proposed
sale and the time and place of any public sale. The
fact that a better price could have been obtained by a
sale at a different time or in different method from
that selected by the carrier is not of itself sufficient
to establish that the sale was not made in a commercially
reasonable manner. If the carrier either sells the
goods in the usual manner in any recognized market
therefor or if he sells at the price current in such
market at the time of his sale or if he has otherwise
sold in conformity with commercially reasonable practices
among dealers in the type of goods sold he has sold in a
commercially reasonable manner. A sale of more goods
than apparently necessary to be offered to ensure
satisfaction of the obligation is not commercially
reasonable except in cases covered by the preceding
sentence.

(2)    Before any sale pursuant to this section any
person claiming a right in the goods may pay the amount
necessary to satisfy the lien and the reasonable expenses
incurred under this section. In that event the goods
must not be sold, but must be retained by the carrier
subject to the terms of the bill and this [subtitle]
TITLE.

(3)   The carrier may buy at any public sale pursuant
to this section.

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

 

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Session Laws, 1975
Volume 716, Page 233   View pdf image
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