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49 U.S.C. § 80106 — Transfer without negotiation

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 278 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows a bill of lading to be transferred without negotiation and explains when notice makes the carrier directly responsible to the transferee.

(a) Delivery and Agreement. A bill holder may transfer the bill without negotiating it by delivering it and agreeing to transfer title to the bill or represented goods. Subject to that agreement, the transferee has title to the goods against the transferor.

(b) Compelling Indorsement. If a negotiable bill is delivered for value without negotiation and the transferor’s indorsement is needed for negotiation, the transferee may require the transferor to indorse it unless the parties show a contrary intent. Negotiation takes effect when indorsed.

(c) Effect of Notification. (1) When a transferee tells the carrier that a nonnegotiable bill was transferred under subsection (a), the carrier becomes directly obligated to the transferee for obligations owed to the transferor immediately before notice. Before notice, the transferee’s title and right to obtain those obligations may be defeated by a creditor’s garnishment, attachment, or execution on the goods, or by notice from the transferor or a buyer from the transferor of a later purchase. (2) Notice counts only if an authorized or apparently authorized carrier officer or agent receives it and has enough time, using reasonable diligence, to tell the agent possessing or controlling the goods.

the actual law source: uscode.house.gov ↗public domain
(a)Delivery and Agreement.—

The holder of a bill of lading may transfer the bill without negotiating it by delivery and agreement to transfer title to the bill or to the goods represented by it. Subject to the agreement, the person to whom the bill is transferred has title to the goods against the transferor.

(b)Compelling Indorsement.—

When a negotiable bill of lading is transferred for value by delivery without being negotiated and indorsement of the transferor is essential for negotiation, the transferee may compel the transferor to indorse the bill unless a contrary intention appears. The negotiation is effective when the indorsement is made.

(c)Effect of Notification.—
(1)

When a transferee notifies the common carrier that a nonnegotiable bill of lading has been transferred under subsection (a) of this section, the carrier is obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification. However, before the carrier is notified, the transferee’s title to the goods and right to acquire the obligations of the carrier may be defeated by—

(A)

garnishment, attachment, or execution on the goods by a creditor of the transferor; or

(B)

notice to the carrier by the transferor or a purchaser from the transferor of a later purchase of the goods from the transferor.

(2)

A common carrier has been notified under this subsection only if—

(A)

an officer or agent of the carrier, whose actual or apparent authority includes acting on the notification, has been notified; and

(B)

the officer or agent has had time, exercising reasonable diligence, to communicate with the agent having possession or control of the goods.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1348.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1348

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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