Current through the 2024 Regular Session
Section 75-7-403 - Obligation of warehouse or carrier to deliver; excuse(a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c), unless and to the extent that the bailee establishes any of the following: (1) Delivery of the goods to a person whose receipt was rightful as against the claimant;(2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouse's lawful termination of storage;(4) The exercise by a seller of its right to stop delivery pursuant to Section 75-2-705 or by a lessor of its right to stop delivery pursuant to Section 75-2A-526;(5) A diversion, reconsignment, or other disposition pursuant to Section 75-7-303;(6) Release, satisfaction, or any other fact according a personal defense against the claimant; or(7) Any other lawful excuse.(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.(c) Unless a person claiming the goods is one against which the document of title does not confer a right under Section 75-7-503(a): (1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and(2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or be liable to any person to which the document is duly negotiated.Codes, 1942, § 41A:7-403; Laws, 1966, ch. 316, § 7-403; Laws, 2006, ch. 527, § 26; Laws, 2007, ch. 355, § 25; Laws, 2007, ch. 381, § 25, eff. 3/15/2007.