- (a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:
- (1) Deliver or entrust the goods or any document covering the goods to the bailor or the bailor's nominee with actual or apparent authority to ship, store, or sell; with power to obtain delivery under § 57A-7-403; or with power of disposition under § 57A-2-403, 57A-2A-304(2), 57A-2A-305(2), or 57A-9-320 or other statute or rule of law; or
- (2) Acquiesce in the procurement by the bailor or its nominee of any document.
- (b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under § 57A-7-504 to the same extent as the rights of the issuer or a transferee from the issuer.
- (c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with §§ 57A-7-401 to 57A-7-404, inclusive, pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Source: SL 2009, ch 254 , § 7-503.