Title 11, Chapter 7, Section 502
( 11-7-502)
Rights acquired by due negotiation. (1) Subject to Code Section 11-7-503 and to the provisions of Code Section 11-7-205 on fungible goods, a holder to whom a negotiable document of title has been duly negotiated acquires thereby: (a) Title to the document; (b) Title to the goods; (c) All rights accruing under the law of agency or estoppel,
including rights to goods delivered to the bailee after the
document was issued; and (d) 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 article. In the case of a delivery order
the bailee's obligation 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. (2) Subject to Code Section 11-7-503, 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. |