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Georgia State Code
Title      11
Chapter       7  
Section Navigation   101 ... 205       206 ... 305   
     306 ... 502       503 ... 603     
Section<<< 306 307 308 309 401 402 403 404 501 502 >>>  
Title 11, Chapter 7, Section 403 (11-7-403)
Obligation of warehouseman or carrier to deliver; excuse.

(1) The bailee must deliver the goods to a person entitled under the document who complies with subsections (2) and (3) of this Code 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;

(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 his right to stop delivery pursuant to the provisions of the article on sales (Code Section 11-2-705);

(e) A diversion, reconsignment, or other disposition pursuant to the provisions of this article (Code Section 11-7-303) 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 Code Section 11-7-503(1), he 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.

Sunday October 12 02:54 CDT


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