Current through the 2023 Regular Session
Section 30-7-403 - Obligation of warehouse or carrier to deliver - excuse(1) A bailee shall deliver the goods to a person entitled under a document of title if the person 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;(c) previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;(d) the exercise by a seller of its right to stop delivery pursuant to 30-2-705 or by a lessor of its right to stop delivery pursuant to 30-2A-526;(e) a diversion, reconsignment, or other disposition pursuant to 30-7-303;(f) release, satisfaction, or any other fact affording a personal defense against the claimant; or(g) any other lawful excuse.(2) 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.(3) Unless a person claiming the goods is one against which the document of title does not confer a right under 30-7-503(1): (a) 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(b) 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.En. Sec. 7-403, Ch. 264, L. 1963; R.C.M. 1947, 87A-7-403; amd. Sec. 60, Ch. 575, L. 2005.