The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or previous indorsers.
Source: L. 2006: Entire article R&RE, p. 487, § 2, effective September 1.
Editor's note: This section is similar to former § 4-7-505 as it existed prior to 2006.
Prior Uniform Statutory Provision: Former Section 7-505.
Changes: Limited to tangible documents of title.
Purposes:
This section is limited to tangible documents of title as the concept of indorsement is irrelevant to electronic documents of title. Electronic documents of title will be transferred by delivery of control. Section 7-106. The indorsement of a tangible document of title is generally understood to be directed towards perfecting the transferee's rights rather than towards assuming additional obligations. The language of the present section, however, does not preclude the one case in which an indorsement given for value guarantees future action, namely, that in which the bailee has not yet become liable upon the document at the time of the indorsement. Under such circumstances the indorser, of course, engages that appropriate honor of the document by the bailee will occur. See Section 7-502(a)(4) as to negotiable delivery orders. However, even in such a case, once the bailee attorns to the transferee, the indorser's obligation has been fulfilled and the policy of this section excludes any continuing obligation on the part of the indorser for the bailee's ultimate actual performance.
Cross Reference: Sections 7-106 and 7-502.
Definitional Cross References:
"Bailee". Section 7-102.
"Document of title". Section 1-201.
"Party". Section 1-201.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 7 - Documents of Title
Part 5 - Warehouse Receipts and Bills of Lading - Negotiation and Transfer
§ 4-7-501. Form of Negotiation and Requirements of Due Negotiation
§ 4-7-502. Rights Acquired by Due Negotiation
§ 4-7-503. Document of Title to Goods Defeated in Certain Cases
§ 4-7-505. Indorser Not Guarantor for Other Parties
§ 4-7-506. Delivery Without Indorsement - Right to Compel Indorsement
§ 4-7-507. Warranties on Negotiation or Delivery of Document of Title
§ 4-7-508. Warranties of Collecting Bank as to Documents of Title