Title 11, Chapter 7, Section 601
( 11-7-601)
Lost and missing documents. (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 one year after the
delivery. |