(1) The bailee must deliver the goods to a person entitled under the document who complies with subsections (2) and (3) of this section unless and to the extent that the bailee establishes any of the following:
(a) Delivery of the goods to a person whose receipt was rightful as against the claimant.
(b) Damage to or delay, loss or destruction of the goods for which the bailee is not liable, but the burden of establishing negligence in such cases is on the person entitled under the document.
(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman’s lawful termination of storage.
(d) The exercise by a seller of the right of the seller to stop delivery pursuant to the provisions of ORS 72.7050.
(e) A diversion, reconsignment or other disposition pursuant to the provisions of ORS 77.3030 or tariff regulating such right.
(f) Release, satisfaction or any other fact affording a personal defense against the claimant.
(g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title must satisfy the bailee’s lien where the bailee so requests or where the bailee is prohibited by law from delivering the goods until the charges are paid.
(3) Unless the person claiming is one against whom the document confers no right under ORS 77.5030 (1), the person must surrender for cancellation or notation of partial deliveries any outstanding negotiable document covering the goods, and the bailee must cancel the document or conspicuously note the partial delivery thereon or be liable to any person to whom the document is duly negotiated.
(4) “Person entitled under the document” means holder in the case of a negotiable document, or the person to whom delivery is to be made by the terms of or pursuant to written instructions under a nonnegotiable document. [1961 c.726 §77.4030]
Section: Previous 77.3050 77.3060 77.3070 77.3080 77.3090 77.4010 77.4020 77.4030 77.4040 77.5010 77.5020 77.5030 77.5040 77.5050 77.5060 NextLast modified: August 7, 2008