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370
LARS OF MARYLAND
[Ch. 49
ENTRUSTED WITH THEM OR TO WHOM THEY ARE CONSIGNED OR WHO
IS ENTRUSTED WITH AND IN POSSESSION OF A POSSESSORY
DOCUMENT, HE ACQUIRES ONLY THE RIGHT, TITLE, OR INTEREST
AS WAS POSSESSED AND MIGHT HAVE BEEN ENFORCED BY THE
PERSON FROM WHOM HE RECEIVED THE GOODS OR POSSESSORY
DOCUMENT.
(B) NOTICE OF CONSIGNEE STATUS.
EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, IF A THIRD PERSON KNOWS THAT HE IS DEALING WITH
A CONSIGNEE, HE MAY TAKE GOODS OR A POSSESSORY DOCUMENT
IN DEPOSIT OR PLEDGE AS SECURITY FOR A PREEXISTING DEBT
OR DEMAND, BUT HE ACQUIRES ONLY THE RIGHT OR INTEREST IN
THE GOODS OR POSSESSORY DOCUMENT THAT WAS POSSESSED BY
THE CONSIGNEE AT THE TIME OF THE DEPOSIT OR PLEDGE.
(C) EXCEPTION.
IF A THIRD PERSON HAS NOTICE THAT THE CONSIGNEE IS
NOT AUTHORIZED TO PLEDGE, DEPOSIT, OR PART WITH
POSSESSION OF THE GOODS OR POSSESSORY DOCUMENT, HE
ACQUIRES NO RIGHT, TITLE, OR INTEREST IN THE GOODS.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 2, §§ 5
and 6.
11-806. DEBT OF CONSIGNEE DUE PURCHASER OR PLEDGEE.
UNLESS A THIRD PERSON CONTRACTS FOR OR RECEIVES
GOODS ON DEPOSIT OR PLEDGE WITHOUT KNOWLEDGE THAT A
CONSIGNEE IS NOT AUTHORIZED TO SELL, DEPOSIT, OR PLEDGE
THE GOODS, A CLAIM OR DEMAND OF SETOFF OF A DEBT DUE BY
THE CONSIGNEE IS NOT ALLOWED AGAINST HIS PRINCIPAL IN
FAVOR OF THE THIRD PERSON.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 2, §8.
11-807. LEGAL AND EQUITABLE RIGHTS OF OWNER AGAINST
CONSIGNEE NOT AFFECTED.
NOTHING IN THIS SUBTITLE DEPRIVES AN OWNER OF GOODS
OF ANY REMEDY WHICH HE MIGHT HAVE AGAINST A CONSIGNEE ON
ANY MATTER OR CONTRACT BETWEEN THEM OR FOR THE VIOLATION
OF ANY ENGAGEMENT, DUTY, OR DEBT FOR WHICH THE CONSIGNEE
IS LIABLE, SUBJECT, HOWEVER, TO THE RIGHT OF THE
CONSIGNEE TO HAVE THE BENEFIT OF ANY PAYMENT OF ANY DEBT
OR DAMAGES PAID ON THE CONTRACT BY A THIRD PERSON.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 2, §16.
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