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Rights acquired by due negotiation - 13 Pa. Cons. Stat. § 7502Legal Research Home > Pennsylvania Statutes
§ 7502. Rights acquired by due negotiation.
(a) General rule.--Subject to section 7205 (relating to
title under warehouse receipt defeated in certain cases) on
fungible goods and section 7503 (relating to document of title
to goods defeated in certain cases), a holder to whom a
negotiable document of title has been duly negotiated acquires
thereby:
(1) title to the document;
(2) title to the goods;
(3) all rights accruing under the law of agency or
estoppel, including rights to goods delivered to the bailee
after the document was issued; and
(4) the direct obligation of the issuer to hold or
deliver the goods according to the terms of the document free
of any defense or claim by him except those arising under the
terms of the document or under this division. In the case of
a delivery order the obligation of the bailee accrues only
upon acceptance and the obligation acquired by the holder is
that the issuer and any indorser will procure the acceptance
of the bailee.
(b) Rights acquired unaffected by certain matters.--Subject
to section 7503, title and rights so acquired are not defeated
by any stoppage of the goods represented by the document or by
surrender of such goods by the bailee, and are not impaired even
though the negotiation or any prior negotiation constituted a
breach of duty or even though any person has been deprived of
possession of the document by misrepresentation, fraud,
accident, mistake, duress, loss, theft or conversion, or even
though a previous sale or other transfer of the goods or
document has been made to a third person.
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Last modified: November 27, 2007 |
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