AB481,31,5 4(3) The goods covered by the document were owned by the bailee when the
5document was issued.
AB481,31,7 6(4) The person issuing the document is not a warehouse but the document
7purports to be a warehouse receipt.
AB481,31,14 8407.402 Duplicate document of title; overissue. A duplicate or any other
9document of title purporting to cover goods already represented by an outstanding
10document of the same issuer does not confer any right in the goods, except as
11provided in the case of tangible bills of lading in a set of parts, overissue of documents
12for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute
13documents issued pursuant to s. 407.105. The issuer is liable for damages caused by
14its overissue or failure to identify a duplicate document by a conspicuous notation.
AB481,31,18 15407.403 Obligation of warehouse or carrier to deliver; excuse. (1) A
16bailee shall deliver the goods to a person entitled under a document of title if the
17person complies with subs. (2) and (3), unless and to the extent that the bailee
18establishes any of the following:
AB481,31,2019 (a) Delivery of the goods to a person whose receipt was rightful as against the
20claimant.
AB481,31,2221 (b) Damage to or delay, loss, or destruction of the goods for which the bailee is
22not liable.
AB481,31,2423 (c) Previous sale or other disposition of the goods in lawful enforcement of a lien
24or on a warehouse's lawful termination of storage.
AB481,32,2
1(d) The exercise by a seller of its right to stop delivery pursuant to s. 402.705
2or by a lessor of its right to stop delivery pursuant to s. 411.526.
AB481,32,33 (e) A diversion, reconsignment, or other disposition pursuant to s. 407.303.
AB481,32,54 (f) Release, satisfaction, or any other fact affording a personal defense against
5the claimant.
AB481,32,66 (g) Any other lawful excuse.
AB481,32,9 7(2) A person claiming goods covered by a document of title shall satisfy the
8bailee's lien if the bailee so requests or the bailee is prohibited by law from delivering
9the goods until the charges are paid.
AB481,32,11 10(3) Unless a person claiming the goods is one against which the document of
11title does not confer a right under s. 407.503 (1), all of the following apply:
AB481,32,1412 (a) The person claiming under a document shall surrender possession or control
13of any outstanding negotiable document covering the goods for cancellation or
14indication of partial deliveries.
AB481,32,1715 (b) The bailee shall cancel the document or conspicuously indicate in the
16document the partial delivery or be liable to any person to which the document is duly
17negotiated.
AB481,32,21 18407.404 No liability for good faith delivery pursuant to document of
19title.
A bailee that in good faith has received goods and delivered or otherwise
20disposed of the goods according to the terms of a document of title or pursuant to this
21chapter is not liable for the goods even if any of the following apply:
AB481,32,23 22(1) The person from which the bailee received the goods did not have authority
23to procure the document or to dispose of the goods.
AB481,32,25 24(2) The person to which the bailee delivered the goods did not have authority
25to receive the goods.
AB481,33,1
1Subchapter V
AB481,33,32 warehouse receipts and bills of
3 lading: negotiation and transfer
AB481,33,5 4407.501 Form of negotiation and requirements of due negotiation. (1)
5The following rules apply to a negotiable tangible document of title:
AB481,33,96 (a) If the document's original terms run to the order of a named person, the
7document is negotiated by the named person's endorsement and delivery. After the
8named person's endorsement in blank or to bearer, any person may negotiate the
9document by delivery alone.
AB481,33,1110 (b) If the document's original terms run to bearer, it is negotiated by delivery
11alone.
AB481,33,1412 (c) If the document's original terms run to the order of a named person and it
13is delivered to the named person, the effect is the same as if the document had been
14negotiated.
AB481,33,1615 (d) Negotiation of the document after it has been endorsed to a named person
16requires endorsement by the named person as well as delivery.
AB481,33,2117 (e) A document is duly negotiated if it is negotiated in the manner stated in this
18subsection to a holder that purchases it in good faith, without notice of any defense
19against or claim to it on the part of any person, and for value, unless it is established
20that the negotiation is not in the regular course of business or financing or involves
21receiving the document in settlement or payment of a monetary obligation.
AB481,33,22 22(2) The following rules apply to a negotiable electronic document of title:
AB481,33,2523 (a) If the document's original terms run to the order of a named person or to
24bearer, the document is negotiated by delivery of the document to another person.
25Endorsement by the named person is not required to negotiate the document.
AB481,34,3
1(b) If the document's original terms run to the order of a named person and the
2named person has control of the document, the effect is the same as if the document
3had been negotiated.