onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Lost, Stolen Or Destroyed Documents Of Title; Delivery Of Goods, Indemnity - Mich. Comp. Laws Section 440.7601

Legal Research Home > Michigan Lawyer > Uniform Commercial Code > Lost, Stolen Or Destroyed Documents Of Title; Delivery Of Goods, Indemnity - Mich. Comp. Laws Section 440.7601

Sponsored Links

UNIFORM COMMERCIAL CODE (EXCERPT)
Act 174 of 1962


440.7601 Lost, stolen or destroyed documents of title; delivery of goods, indemnity.

Sec. 7601.

(1) If a document has been 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 such order. If the document was negotiable the claimant must post security approved by the court to indemnify any person who may suffer loss as a result of nonsurrender of the document. If the document was not negotiable, such security may be required at the discretion of the court. The court may also in its discretion order payment of the bailee's reasonable costs and counsel fees.

(2) A bailee who without court order delivers goods to a person claiming under a missing negotiable document is liable to any person injured thereby, and if the delivery is not in good faith becomes liable for conversion. Delivery in good faith is not conversion if made in accordance with a filed classification or tariff or, where no classification or tariff is filed, 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 who files a notice of claim within 1 year after the delivery.


History: 1962, Act 174, Eff. Jan. 1, 1964

Section:  Previous  440.7503  440.7504  440.7505  440.7506  440.7507  440.7508  440.7509  440.7601  440.7602  440.7603  440.8101  440.8102  440.8103  440.8104  440.8105  Next

Last modified: January 1, 2008