[Previous] [Next]

§12A-7-601.


§12A-7-601.
   
   (1) If a document has been lost, stolen or destroyed, a court may
   order delivery of the goods or issuance of a substitute document and
   the bailee may without liability to any person comply with such order.
   If the document was negotiable the claimant must post security
   approved by the court to indemnify any person who may suffer loss as a
   result of nonsurrender of the document. If the document was not
   negotiable, such security may be required at the discretion of the
   court. The court may also in its discretion order payment of the
   bailee's reasonable costs and counsel fees.
   
   (2) A bailee who without court order delivers goods to a person
   claiming under a missing negotiable document is liable to any person
   injured thereby, and if the delivery is not in good faith becomes
   liable for conversion. Delivery in good faith is not conversion if
   made in accordance with a filed classification or tariff or, where no
   classification or tariff is filed, if the claimant posts security with
   the bailee in an amount at least double the value of the goods at the
   time of posting to indemnify any person injured by the delivery who
   files a notice of claim within one (1) year after the delivery.
   

[Previous] [Next]