Sec. 42a-7-403. Obligation of bailee to deliver; excuse. - Connecticut Statutes

      Sec. 42a-7-403. Obligation of bailee to deliver; excuse. (a) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (b) and (c) of this section, unless and to the extent that the bailee establishes any of the following:

      (1) Delivery of the goods to a person whose receipt was rightful as against the claimant;

      (2) Damage to or delay, loss or destruction of the goods for which the bailee is not liable;

      (3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;

      (4) The exercise by a seller of its right to stop delivery pursuant to section 42a-2-705 or by a lessor of its right to stop delivery pursuant to section 42a-2A-719;

      (5) A diversion, reconsignment or other disposition pursuant to section 42a-7-303;

      (6) Release, satisfaction or any other personal defense against the claimant; or

      (7) Any other lawful excuse.

      (b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.

      (c) Unless a person claiming the goods is a person against which the document of title does not confer a right under subsection (a) of section 42a-7-503:

      (1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and

      (2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.

      (1959, P.A. 133, S. 7-403; P.A. 04-64, S. 27.)

      History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.

      See Sec. 40-55 re delivery of goods without obtaining negotiable receipt.

      Annotations to former statutes:

      1958 Rev., S. 40-17: Estopped to deny title of depositor of goods. 79 C. 342.

      1958 Rev., S. 41-15: Carrier liable for delivery to a dishonest employee of shipper who had caused goods to be shipped on fictitious orders to a fictitious consignee and had then represented himself as such consignee. 97 C. 4.

      Annotation to present section:

      Subsec. (1):

      Subdiv. (b) cited. 187 C. 405.