New Jersey Statutes 12A:7-503. Document of title to goods defeated in certain cases
Terms Used In New Jersey Statutes 12A:7-503
- Carrier: means a person that issues a bill of lading. See New Jersey Statutes 12A:7-102
- Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See New Jersey Statutes 12A:7-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See New Jersey Statutes 12A:7-102
- Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See New Jersey Statutes 12A:7-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Ship: includes vessels, steamers, canal boats and every boat or structure adapted to navigation or movement from place to place, upon the ocean, lakes, rivers or artificial waterways, either by its own power or otherwise. See New Jersey Statutes 1:1-2
- Statute: A law passed by a legislature.
- Warehouse: means a person engaged in the business of storing goods for hire. See New Jersey Statutes 12A:7-102
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 of title covering the goods to the bailor or the bailor’s nominee with:
(a) actual or apparent authority to ship, store, or sell;
(b) power to obtain delivery under 12A:7-403; or
(c) power of disposition under 12A:2-403, 12A:2A-304(2), 12A:2A-305(2), 12A:9-320, or 12A:9-321(c) 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 12A: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 Subchapter 4 of this Chapter pursuant to its own bill of lading discharges the carrier’s obligation to deliver.
L.2013, c.65, s.2.