Sec. 42a-7-601. Lost, stolen or destroyed documents of title.
Sec. 42a-7-601. Lost, stolen or destroyed documents of title. (a) If a document
of title is 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
the order. If the document was negotiable, a court may not order delivery of the goods
or issuance of a substitute document without the claimant's posting security unless it
finds that any person that may suffer loss as a result of nonsurrender of possession or
control of the document is adequately protected against the loss. If the document was
nonnegotiable, the court may require security. The court may also order payment of the
bailee's reasonable costs and attorney's fees in any action under this subsection.
(b) A bailee that, without court order, delivers goods to a person claiming under a
missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not
conversion 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 which files a notice of claim within one year after the delivery.
(1959, P.A. 133, S. 7-601; P.A. 04-64, S. 38.)
History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents
of Title.
See Sec. 40-53 re issuance of duplicate receipts not marked as such.
See Sec. 40-55 re delivery of goods without obtaining negotiable receipt.