(1) A document confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither:
(a) delivered or entrusted them or any document covering them to the bailor or his nominee with (i) actual or apparent authority to ship, store or sell, (ii) power to obtain delivery under § 8.7-403, or (iii) power of disposition under §§ 8.2-403, 8.2A-304(2), 8.2A-305(2), 8.9A-320, or § 8.9A-321(c) or other statute or rule of law; nor
(b) acquiesced in the procurement by the bailor or his nominee of any document.
(2) Title to goods based upon an unaccepted delivery order is subject to the rights of anyone to whom a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. Such a title may be defeated under § 8.7-504 to the same extent as the rights of the issuer or a transferee from the issuer.
(3) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of anyone to whom a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4 of this title pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Code 1950, § 61-44; 1964, c. 219; 2000, c. 1007; 2004, c. 200.
Structure Code of Virginia
Title 8.7 - Commercial Code - Warehouse Receipts, Bills of Lading and Other Documents of Title
§ 8.7-501. Form of negotiation and requirements of "due negotiation"
§ 8.7-502. Rights acquired by due negotiation
§ 8.7-503. Document to goods defeated in certain cases
§ 8.7-505. Endorser not a guarantor for other parties
§ 8.7-506. Delivery without endorsement; right to compel endorsement
§ 8.7-507. Warranties on negotiation or delivery of receipt or bill
§ 8.7-508. Warranties of collecting bank as to documents
§ 8.7-509. Receipt or bill; when adequate compliance with commercial contract