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Session Laws, 1975
Volume 716, Page 235   View pdf image
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MARVIN MANDEL, Governor

235

(a)   The document may not comply with the
requirements of this [subtitle] TITLE or of any other law
or regulation regarding its issue, form or content; or

(b)     The issuer may have violated laws
regulating the conduct of his business; or

(c)   The goods covered by the document were
owned by the bailee at the time the document was issued;
or

(d)   The person issuing the document does not
come within the definition of warehouseman if it purports
to be a warehouse receipt.

7—402. Duplicate receipt or bill; overissue.

Neither a duplicate nor any other document of title
purporting to cover goods already represented by an
outstanding document of the same issuer confers any right
in the goods, except as provided in the case of bills in
a set, overissue of documents for fungible goods and
substitutes for lost, stolen or destroyed documents.
But the issuer is liable for damages caused by his
overissue or failure to identify a duplicate document as
such by conspicuous notation on its face.

7—403. Obligation of warehouseman or carrier to deliver;
excuse.

(1) The bailee must deliver the goods to a person
entitled under the document who complies with subsections
(2) and (3), unless and to the extent that the bailee
establishes any of the following:

(a)   Delivery of the goods to a person whose
receipt was rightful as against the claimant;

(b)    Damage to or delay, loss or destruction
of the goods for which the bailee is not liable, but the
burden of establishing negligence in such cases is on the
person entitled under the document;

(c)   Previous sale or other disposition of the
goods in lawful enforcement of a lien or on
warehouseman's lawful termination of storage;

(d)   The exercise by a seller of his right to
stop delivery pursuant to the provisions of the
[subtitle] TITLE on sales (§ 2-705);

(e)    A diversion, reconsignment or other
disposition pursuant to the provisions of this [subtitle]
TITLE (§ 7—303) or tariff regulating such right;

 

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Session Laws, 1975
Volume 716, Page 235   View pdf image
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